m 

m 


m 


■ 


:v  ■  m  ■: 


%u^  %/A 


STATE  PAPERS 


SrZ* 


PUBLICK  DOCUMENTS 


THE  UNITED  STATES 


FRO^t.  fill 


ACCESSION   OF    GEORGE   WASHINGTON    TO    THE    PRESIDENCY,   EXHf- 

BITING    A    COMPLETE    VIEW    OF    OUR    FOREIGN 

RELATIONS  SINCE  THAT  TIME. 


IN  TEN  VOLUMES. — VOL.  I. 


SECOND    EDITION. 

rCBUSHEB  riTDEB   THE    rATHOirAGB   OF   COKGBEdS. 


INCLUDING 

CONFIDENTIAL  DOCUMENTS, 

NOW    FIRST    PUBLISHED. 


BOSTON : 

PRINTED   .AND    PUBLISHED    BY    T.  B.  WAIT   AND   SON*. 
1817. 


\v  %w%,v     „  «S8VsiVl 


•> 


DISTRICT  OF  MASSACHUSETTS,  TO  WIT  : 

DISTRICT  CLERK'S    OFFICE. 

BE  it  remembered,  that  on  the  twenty-eighth  day  of  October,  A.  D.  1816, 
aud  in  the  forty-first  year  of  the  Independence  of  the  United  States  of  America, 
Thomas  B.  Wait  and  Sons,  of  the  said  district,  have  deposited  in  this  office  the 
title  of  a  book,  the  right  whereof  they  claim  as  proprietors,  in  the  words  fol- 
lowing, to  wit : 

"  State  Papers  and  Publick  Documents  of  the  United  States,  from  the 
accession  of  George  Washington  to  the  Presidency,  exhibiting  a  complete  view 
of  our  Foreign  Relations  since  that  time.  In  ten  volumes.  Second  edition. 
Published  under  the  patronage  of  Congress.  Including  Confidential  Docu- 
ments, now  first  published." 

In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled,  "An 
act  for  the  encouragement  of  learning,  by  securing  the  copies  of  Maps,  Charts, 
and  Books,  to  the  authors  and  proprietors  of  such  copies,  during  the  times 
therein  mentioned  :"  and  also  to  an  act,  entitled,  "  An  act  supplementary  to 
an  act,  entitled,  An  act  for  the  encouragement  of  learning,  by  securing  the 
copies  of  Maps,  Charts,  and  Books,  to  the  authors  and  proprietors  of  such 
copies  during  the  times  therein  mentioned ;  and  extending  the  benefits  thereof 
to  the  arts  of  Designing,  Engraving  and  Etching  Historical,  and  other  Prints.1' 

JNO.  W.  DAVIS, 
Clerk  of  the  District  of  Massachusetts 


'.jt 


ft |  3 
v./ 

ADVERTISEMENT. 


The  publick  are  now  presented  with  a  second  edition 
M         of  State  Papers  and  Publick  Documents  of  the  United 
States. — In  the  first  edition  the  publishers  stated  the  care 
they  had  taken  and  the  rules  by  which  they  had  been 
governed  in  selecting  and  arranging  the  Papers ;  and  ex- 
™     '•  jessed  a  hope  "  that  the  undertaking  in  their  proposals 
■        would  be  considered  as  honourably  fulfilled." — This  hope 
has  been  more  than  realized.     They  have  been  gratified 
not  only  with  the  approbation  of  a  numerous  list  of  sub- 
scribers, but  by  the  sanction  of  Congress,  who  have  been 
pleased  to  direct  that  the  Secretary  of  State  should  sub- 
scribe for  and  receive  five  hundred  copies  of  the  present 
edition.     Since  which  the  Senate  of  the  U.  S.  have  autho- 


9 

N 


j  rized  the  publication  of  confidential  documents  that  have 
^       never  appeared,  which  add  peculiar  value  to  the  work,  and 

complete  the  view  of  our  foreign  relations  up  to  the  pre- 
£-       sent  period. — These  confidential  papers  are  referred  to 

in  the  work,  and  vML  be  published  in  a  supplementary 
3      volume. 


430C19 


CONTENTS. 

*  Page 

President  Washington's  first  Speech  to  the  Congress 

of  the  United  States,  April  30,  1789  9 

Message,  Sept.  29,   1 789,  noticing  a  letter  from  the 
king  of  France,  announcing  the  death  of  his  son, 

the  Dauphin '-         IS 

Speech  opening  Congress,  Jan.  8,  1790  -  13 

Message,  Feb.  9,  1 790,  relative  to  eastern  boundary  on 

British  territory  -  -  -  1G 

Message,  Feb.  1 8,  1 790,  relative  to  eastern  boundary 

on  British  territory  -  -  16 

Speech  opening  Congress,  Dec.  8,  1790        -  17 

Report  of  Secretary  of  State,  Dec.  28,  1790,  relative 

to  trade  of  United  States  in  Mediterranean  -  20 
Message,  Dec.  30,  1 790,  relative  to  American  prison- 
ers at  Algiers  -  -  ...  21 
Message,  Jan.  17,  1791,  relative  to  France  -  21 
Message,  Jan.  19,  1791,  relative  to  France  -  21 
Message,  Jan.  26,  1791,  relative  to  French  letter  and 

decree  -  -  21 

Message,  Feb.  14,  1791,  relative  to  informal  confer- 
ences with  British  ministers  21 
Message,  Feb.  18,  1791,  relative  to  Spain  and  Portugal  22 
Message,  Feb.  22,  1791,  relative  to  Algiers  and  Mo- 
rocco            -             -             -             -             -         22 
Speech  opening  Congress,  Oct.  25,  1791       -                22 
Message,  Jan.  11,  1792,  relative  to  Spain  and  naviga- 
tion of  Mississippi                                                     28 


VI  CONTENTS. 

Message,  March  5, 1 792,  transmitting  letter  from  king 
of  France,  announcing  acceptance  of  national 
constitution  28 

Message,  March  7,  1792,  relative  to  negotiations  at 

Madrid      -----  29 

Message,  April  13, 1792,  transmitting  correspondence 

relative  to  commerce  with  Great  Britain        -         29 
Message,  May  8,  1 792,  relative  to  Algiers         -  32 

Speech  opening  Congress,  Nov.  6,  1792  -         33 

Message,  Nov.  7,  1 792,  transmitting  papers  relative 

to  Spanish  interference  with  Creek  Indians  38 

Speech,  opening  Congress,  Dec.  3,  1793  -  39 

President's  proclamation  of  neutrality,  Dec.  3,  1793      44 
Message,  Dec.  5,  1793,  relative  to  insulting  conduct 

of  Genet,  and  French  claims  49 

Documents  on  French  debt  and  complaints  -         51 

Papers  accompanying  message,  Dec.  5,  1793,  rela- 
tive to  British  depredations  and  violations  of  trea- 
ty of  peace  -  -  -  -  211 
Documents  relative  to  France,  accompanying  mes- 
sage, Dec.  5,  1793               -             -             -         410 
Message,  Dec.  16,  1793,  relative  to  Spain     -  422 
Message,  Dec.  16,  1793,  transmitting  report  of  Secre- 
tary of  State  relative  to  treaty  Avith  Morocco,  and 
peace  with  Algiers            -             -             -  422 
Report  of  Secretary  of  State  on  the  privileges  and  re- 
strictions on  the  commerce  of  the  United  States 
in  foreign  countries,  Dec.  16,  1793             -  422 
Message,  Dec.  23,  1 793,  transmitting  papers  relative 

to  Spain,  and  truce  between  Portugal  and  Algiers  437 
Message,  Dec.  30,  1793,  transmitting  letter  from  re- 
presentative of  Spain  -  -  438 
Message,  Dec.  30,  1793,  transmitting  report  of  Secre- 
tary of  State,  of  laws,  decrees  and  ordinances  in 
countries  having  commercial  intercourse  with  the 
United  States              -                 -                 -  438 


CONTENTS.  VII 

Message,  Jan.  15,  1794,  transmitting  letter  from 
French  minister,  and  proceedings  of  South  Caro- 
lina ...  .  443 

Message,  Jan.  16,  1794,  transmitting  further  informa- 
tion respecting  our  foreign  relations  -  453 

Report  of  Barrere  in  French  National  Convention        461 

French  navigation  act  -  -  479 

French  decree  relative  to  licenses  under  French  flag  480 

Message,  Jan.  20,  1794,  communicating  intelligence 
that  the  French  government  disapproved  the  con- 
duct of  Genet,  who  would  be  recalled  without 
delay        -  -  -  490 

Message,  Jan.  22,  1794,  transmitting   last  advices 

from  our  minister  in  London  -  -  490 

Message,    Feb.    7,    1794,    transmitting  letters   from 

French  minister  ...  493 

Message,  Feb.  24,  1794,  relative  to  Great  Britain  and 

Spain  ...  493 

Message,  March  3,  1794,  relative  to  our  affairs  with 

Spain  and  AJgiers  -  -  493 

Message,  March  52  1794,  transmitting  report  of  Secre- 
tary of  State,  &c.  relative  to  spoliations  on  our 
commerce  -  -  -  494 

Message,  March  12,  1794,  transmitting  letters  from 

Spanish  commissioners  -  -  499 

Message,  March  18,  1794,  transmitting  certain  docu- 
ments relative  to  advance  of  money  requested 
by  French  minister  -  -  499 

Message,  April  4,  1794,  transmitting  letters  from  our 
minister  at  London  ;  advices  relative  to  Algerine 
mission  ;  letter  from  French  minister,  Szc.  49n 


INAUGURAL  SPEECH 

OF  THE  PRESIDENT  OF  THE  UNITED  STATES.  APRIL  30,  1789. 


JPellow  citizens  of  the  Senate, 

and  of  the  House  of  Representatives, 

A.  mong  the  vicissitudes  incident  to  life,  no  event  could  have 
filled  me  with  greater  anxieties,  than  that  of  which  the 
notification  was  transmitted  by  your  order,  and  received 
on  the  1 4th  day  of  the  present  month.  On  the  one  hand, 
I  was  summoned  by  my  country,  whose  voice  I  can  never 
hear  but  with  veneration  and  love,  from  a  retreat  which  I 
had  chosen  with  the  fondest  predilection,  and,  in  my  flat- 
tering hopes,  with  an  immutable  decision,  as  the  asylum 
of  my  declining  years,  a  retreat  which  was  rendered  every 
day  more  necessary  as  well  as  more  dear  to  me,  by  the 
addition  of  habit  to  inclination,  and  of  frequent  interrup- 
tions in  my  health  to  the  gradual  waste  committed  on  it  by 
time.  On  the  other  hand,  the  magnitude  and  difficulty  of 
the  trust  to  which  the  voice  of  my  country  called  me,  being 
sufficient  to  awaken  in  the  wisest  and  most  experienced  of 
her  citizens,  a  distrustful  scrutiny  into  his  qualifications, 
could  not  but  overwhelm  with  despondence,  one,  who, 
inheriting  inferior  endowments  from  nature,  and  unprac- 
tiesd  in  the  duties  of  civil  administration,  ought  to  be  pecu- 
liarly conscious  of  his  own  deficiencies.  In  this  conflict  of 
emotions,  all  I  dare  aver,  is,  that  it  has  been  my  faithful 
study  to  collect  my  duty  from  a  just  appreciation  of  every 
circumstance  by  which  it  might  be  affected.  All  I  dare 
hope,  is,  that,  if  in  executing  this  task,  I  have  been  too 
much  swayed  by  a  grateful  remembrance  of  former  in- 
stances, or  by  an  affectionate  sensibility  to  this  transcen- 
dent proof  of  the  confidence  of  my  fellow  citizens,  and 
have  thence  too  little  consulted  my  incapacity  as  well  as 
vol.  r.  0 


10  AMERICAN 

disinclination,  for  the  weighty  and  untried  cares  before 
me,  Yjryr •*  errour  wHt  be>  palliated  by  the  motives  which 
misled  me,  and  its : consequences  be  judged  by  my  coun- 
try, with  some  share  of -the  partiality  in  which  they  origi- 
nated.'' '■<'"■  '  ■•'  '    '.,.:.'•.•,  •' 

Such  being  the  impressions  under  which  I  have,  in 
obedience  to  the  publick  summons,  repaired  to  the  present 
station,  it  would  be  peculiarly  improper  to  omit,  in  this 
first  official  act,  my  fervent  supplications  to  that  Almighty 
Being,  who  rules  over  the  universe,  who  presides  in  the 
councils  of  nations,  and  whose  providential  aids  can  sup- 
ply every  human  defect,  that  his  benediction  may  conse- 
crate to  the  liberties  and  happiness  of  the  people  of  the 
United  States,  a  government  instituted  by  themselves  for 
these  essential  purposes,  and  may  enable  every  instrument 
employed  in  its  administration,  to  execute  with  success 
the  functions  allotted  to  his  charge.  In  tendering  this 
homage  to  the  great  Author  of  every  publick  and  private 
good,  I  assure  myself  that  it  expresses  your  sentiments  not 
less  than  my  own  ;  nor  those  of  my  fellow  citizens  at  large, 
less  than  either.  No  people  can  be  bound  to  acknowledge 
and  adore  the  invisible  hand,  which  conducts  the  affairs  of 
men,  more  than  the  people  of  the  United  States.  Every 
step,  by  which  they  have  advanced  to  the  character  of 
an  independent  nation,  seems  to  have  been  distinguished 
by  some  token  of  providential  agency.  And  in  the  im- 
portant revolution  just  accomplished  in  the  system  of  their 
united  government,  the  tranquil  deliberations,  and  volun- 
tary consent  of  so  many  distinct  communities,  from  which 
the  event  has  resulted,  cannot  be  compared  with  the 
means  by  which  most  governments  have  been  established, 
without  some  return  of  pious  gratitude,  along  with  a  hum- 
ble anticipation  of  the  future  blessings  which  the  past 
seem  to  presage.  These  reflections  arising  out  of  the 
present  crisis,  have  forced  themselves  too  strongly  on  my 
mind  to  be  suppressed.  You  will  join  with  me,  I  trust,  in 
thinking  that  there  are  none  under  the  influence  of  which 
the  proceedings  of  a  new  and  free  government  can  more 
auspiciously  commence. 

By  the  article  establishing  the  executive  department,  it 
is  made  the  duty  of  the  President,  "  to  recommend  to  your 
consideration  such  measures  as  he  shall  judge  necessary 
and  expedient."     The  circumstances  under  which  I  now 


STATE    PAPERS.  1  J 

meet  you,  will  acquit  me  from  entering  into  that  subject, 
further  than  to  refer  to  the  great  Constitutional  Charter 
under  which  you  are  assembled,  and  which,  in  defining 
your  powers,  designates  the  objects  to  which  your  atten- 
tion is  to  be  given.  It  will  be  more  consistent  with  those 
circumstances,  and  far  more  congenial  with  the  feelings 
which  actuate  me,  to  substitute,  in  place  of  a  recommenda- 
tion of  particular  measures,  the  tribute  that  is  due  to  the 
talents,  the  rectitude  and  the  patriotism  which  adorn  the. 
characters  selected  to  devise  and  adopt  them.  In  these 
honourable  qualifications,  I  behold  the  surest  pledges,  that 
as  on  one  side  no  local  prejudices  or  attachments,  no 
separate  views,  nor  party  animosities,  will  misdirect  the 
comprehensive  aud  equal  eye  which  ought  to  watch  over 
this  great  assemblage  of  communities  and  interests  ;  so  on 
another,  that  the  foundations  of  our  national  policy  will  be 
laid  in  the  pure  and  immutable  principles  of  private  mo- 
rality ;  and  the  pre-eminence  of  free  government  be  exem- 
plified by  all  the  attributes  which  can  win  the  affections  of 
its  citizens,  and  command  the  respect  of  the  world. 

I  dwell  on  this  prospect  with  every  satisfaction  which 
an  ardent  love  for  my  country  can  inspire.  Since  there  is 
no  truth  more  thoroughly  established,  than  that  there  ex- 
ists in  the  economy  and  course  of  nature,  an  indissoluble 
union  between  virtue  and  happiness — between  duty  and 
advantage — between  the  genuine  maxims  of  an  honest  and 
magnanimous  policy,  and  the  solid  rewards  of  publick 
prosperity  and  felicity.  Since  we  ought  to  be  no  less  per- 
suaded that  the  propitious  smiles  of  Heaven  can  never  be 
expected  on  a  nation  that  disregards  the  eternal  rules  of 
order  and  right  which  Heaven  itself  has  ordained.  And 
since  the  preservation  of  the  sacred  fire  of  liberty,  and  the 
destiny  of  the  republican  model  of  government,  are  justly 
considered  as  deeply,  perhaps  as  finally,  staked  on  the  ex- 
periment intrusted  to  the  hands  of  the  American  people. 

Besides  the  ordinary  objects  submitted  to  your  care,  it 
will  remain  with  your  judgment  to  decide,  how  far  an 
exercise  of  the  occasional  power  delegated  by  the  fifth 
article  of  the  constitution,  is  rendered  expedient  at  the 
present  juncture  by  the  nature  of  objections  which  have 
been  urged  against  the  system,  or  by  the  degree  of  inqui- 
etude which  lias  given  birth  to  them.  Instead  of  under- 
taking particular   recommendations   on   this    subject,  in 


19  AMERICA^ 

which  I  could  be  guided  by  no  lights  derived  from  official 
opportunities,  I  shall  again  give  way  to  my  entire  confi- 
dence in  your  discernment  and  pursuit  of  the  publick 
good.  For  I  assure  myself,  that  whilst  you  carefully  avoid 
every  alteration  which  might  endanger  the  benefits  of  an 
united  and  effective  government,  or  which  ought  to  await 
the  future  lessons  of  experience ;  a  reverence  for  the 
characteristick  rights  of  freemen,  and  a  regard  for  the  pub- 
lick  harmony,  will  sufficiently  influence  your  deliberations 
on  the  question,  how  far  the  former  can  be  more  impreg- 
nably  fortified,  or  the  latter  be  safely  and  advantageously 
promoted. 

To  the  preceding  observations  I  have  one  to  add,  which 
will  be  most  properly  addressed  to  the  House  of  Repre- 
sentatives. It  concerns  myself,  and  will  therefore  be  as 
brief  as  possible.  When  I  was  first  honoured  with  a  call 
into  the  service  of  my  country,  then  on  the  eve  of  an  ar- 
duous struggle  for  its  liberties,  the  light  in  which  I  con- 
templated my  duty,  required  that  I  should  renounce  every 
pecuniary  compensation.  From  this  resolution  I  have  in 
no  instance  departed.  And  being  still  under  the  impres- 
sions which  produced  it,  I  must  decline  as  inapplicable  to 
myself,  any  share  in  the  personal  emoluments,  which  may 
be  indispensably  included  in  a  permanent  provision  for 
the  executive  department;  and  must  accordingly  pray, 
that  the  pecuniary  estimates  for  the  station  in  which  I  am 
placed,  may,  during  my  continuance  in  it,  be  limited  to 
such  actual  expenditures  as  the  publick  good  may  be 
thought  to  require. 

Having  thus  imparted  to  you  my  sentiments,  as  they 
have  been  awakened  by  the  occasion  which  brings  us  to- 
gether, I  shall  take  my  present  leave ;  but  not  without 
resorting  once  more  to  the  benign  Parent  of  the  human 
race,  in  humble  supplication,  that  since  he  has  been 
pleased  to  favour  the  American  people  with  opportunities 
for  deliberating  in  perfect  tranquillity,  and  dispositions 
for  deciding  with  unparalleled  unanimity  on  a  form  of 
government,  for  the  security  of  their  union,  and  the  ad- 
vancement of  their  happiness  ;  so  his  divine  blessing  may 
be  equally  conspicuous  in  the  enlarged  views,  the  temper- 
ate consultations,  and  the  wise  measures  on  which  the  suc- 
cess of  this  government  must  depend. 

GEORGE  WASHINGTON- 


STATE  PAPERS.  13 


MESSAGE 

©T  THE  PRESIDENT  OF    THE    UNITED  STATES  TO  THE  HOUSE 
OF   REPRESENTATIVES.       SEPT.  29,   1789. 

His  Most  Christian  Majesty  ^  by  a  letter  dated  the  7th 
,of  June  last,  addressed  to  the  President  and  Members  of 
the  General  Congress  of  the  United  States  of  North  Ame- 
rica, announces  the  much  lamented  death  of  his  son,  the 
Dauphin.  The  generous  conduct  of  the  French  monarch 
and  nation  towards  this  country,  renders  every  event  that 
may  effect  his  or  their  prosperity,  interesting  to  us ;  and  I 
shall  take  care  to  assure  him  of  the  sensibility  with  which 
the  United  States  participate  in  the  affliction,  which  a  loss 
so  much  to  be  regretted,  must  have  occasioned  both  to 
him  and  to  them.  GEORGE  WASHINGTON. 


SPEECH 

OF  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  BOTH 
HOUSES  OF  CONGRESS.   JAN.  8,  1790. 

Fellow  citizens  of  the  Senate, 

and  House  of  Representatives, 

I  embrace  with  great  satisfaction  the  opportunity  which 
now  presents  itself,  of  congratulating  you  on  the  present 
favourable  prospects  of  our  publick  affairs.  The  recent 
accession  of  the  important  State  of  North  Carolina  to  the 
constitution  of  the  United  States,  (of  which  official  infor- 
mation has  been  received)  the  rising  credit  and  respecta- 
bility of  our  country,  and  the  general  increasing  good-will 
towards  the  government  of  the  Union,  and  the  concord, 
peace  and  plenty,  with  which  we  are  blessed,  are  circum- 
stances, auspicious,  in  an  eminent  degree,  to  our  national 
prosperity. 

In  resuming  your  consultations  for  the  general  good, 
you  cannot  but  derive  encouragement  from  the  reflection, 
that  the  measures  of  the  last  session  have  been  as  satis- 
factory to  your  constituents,  as  the  novelty  and  difficulty 
of  the  work  allowed  you  to  hope.  Still  further  to  realize 
their  expectations,  and  to  secure  the  blessings  which  a 


14?  AMERICAN 

gracious  providence  has  placed  within  our  reach,  will,  in 
the  course  of  the  present  important  session,  call  for  the 
cool  and  deliberate  exertion  of  your  patriotism,  firmness 
and  wisdom. 

Among  the  many  interesting  objects,  which  will  en- 
gage your  attention,  that  of  providing  for  the  common 
defence,  will  merit  particular  regard.  To  be  prepared 
for  war  is  one  of  the  most  effectual  means  of  preserving 
peace. 

A  free  people  ought  not  only  to  be  armed,  but  disci- 
plined ;  to  which  end,  a  uniform  and  well  digested  plan  is 
requisite  :  And  their  safety  and  interest  require  that  they 
should  promote  such  manufactories,  as  tend  to  render 
them  independent  on  others,  for  essential,  particularly,  for 
military  supplies. 

The  proper  establishment  of  the  troops  which  may  be 
deemed  indispensable,  will  be  entitled  to  mature  consider- 
ation. In  the  arrangements  which  may  be  made  respecting 
it,  it  will  be  of  importance  to  conciliate  the  comfortable 
support  of  the  officers  and  soldiers,  with  a  due  regard  to 
economy. 

There  was  reason  to  hope,  that  the  pacifick  measures 
adopted  with  regard  to  certain  hostile  tribes  of  Indians, 
would  have  relieved  the  inhabitants  of  our  southern  and 
western  frontiers  from  their  depredations.  But  you  will 
perceive,  from  the  information  contained  in  the  papers 
which  I  shall  direct  to  be  laid  before  you  (comprehending 
a  communication  from  the  commonwealth  of  Virginia)  that 
we  ought  to  be  prepared  to  afford  protection  to  those  parts 
of  the  Union  ;  and  if  necessary,  to  punish  aggressors. 

The  interest  of  the  United  States  requires,  that  our  in- 
tercourse with  other  nations  should  be  facilitated  by  such 
provisions  as  will  enable  me  to  fulfil  my  duty  in  that  re- 
spect, in  the  manner  which  circumstances  may  render 
most  conducive  to  the  publick  good :  And  to  this  end,  that 
the  compensations  to  be  made  to  the  persons,  who  may  be 
employed,  should,  according  to  the  nature  of  their  ap- 
pointments, be  defined  by  law ;  and  a  competent  fund  de- 
signated for  defraying  the  expenses  incident  to  the  con- 
duct of  our  foreign  affairs. 

Various  considerations  also  render  it  expedient  that  the 
terms  on  which  foreigners  may  be  admitted  to  the  rights 
of  citizens,  should  be  speedily  ascertained  by  a  uniform 
rule  of  naturalization. 


STATE   PAPERS.  id 

Uniformity  in  the  currency,  weights  and  measures  of 
the  United  States,  is  an  object  of  great  importance,  and 
will,  I  am  persuaded,  be  duly  attended  to. 

The  advancement  of  agriculture,  commerce  and  manu- 
factures, by  all  proper  means,  will  not,  I  trust,  need  recom- 
mendation. But  I  cannot  forbear  intimating  to  you,  the  ex- 
pediency of  giving  effectual  encouragement  as  well  to  the 
introduction  of  new  and  useful  inventions  from  abroad,  as 
to  the  exertions  of  skill  and  genius  in  producing  them  at 
home ;  and  of  facilitating  the  intercourse  between  the  dis- 
tant parts  of  our  country,  by  a  due  attention  to  the  post 
office  and  post  roads. 

Nor  am  I  less  persuaded,  that  you  will  agree  with  me 
in  opinion,  that  there  is  nothing  which  can  better  deserve 
your  patronage,  than  the  promotion  of  science  and  litera- 
ture. Knowledge  is,  in  every  country,  the  surest  basis  of 
publick  happiness.  In  one,  in  which  the  measures  of 
government  receive  their  impression  so  immediately  from 
the  sense  of  the  community,  as  in  ours,  it  is  proportiona- 
bly  essential.  To  the  security  of  a  free  constitution  it 
contributes  in  various  ways :  By  convincing  those  who 
are  intrusted  with  the  publick  administration,  that  every 
valuable  end  of  government  is  best  answered  by  the  en- 
lightened confidence  of  the  people ;  and  by  teaching  the 
people  themselves  to  know  and  to  value  their  own  rights ; 
to  discern  and  provide  against  invasions  of  them  ;  to  dis- 
tinguish between  oppression  and  the  necessary  exercise 
of  lawful  authority  ;  between  burdens  proceeding  from  a 
disregard  to  their  convenience,  and  those  resulting  from 
the  inevitable  exigencies  of  society ;  to  discriminate  the 
spirit  of  liberty  from  that  of  licentiousness,  cherishing  the 
first,  avoiding  the  last,  and  uniting  a  speedy,  but  tem- 
perate vigilance  against  encroachments,  with  an  inviolable 
respect  to  the  laws. 

Whether  this  desirable  object  will  be  best  promoted  by 
affording  aids  to  seminaries  of  learning  already  establish- 
ed, by  the  institution  of  a  national  university,  or  by  any 
other  expedients,  will  be  well  worthy  of  a  place  in  the 
deliberations  of  the  legislature. 

Gentlemen  of  the  House  of  Representatives, — I  saw  with 
peculiar  pleasure,  at  the  close  of  the  last  session,  the  re- 
solution entered  into  by  you,  expressive  of  your  opinion. 
•that  an  ndequate  provision  for  the  support  of"  t-ho  pubjtek 


16  AMERICAN 

credit,  is  «.  matter  of  high  importance  to  the  national 
honour  and  prosperity.  In  this  sentiment  I  entirely  con- 
cur. And  to  a  perfect  confidence  in  your  best  endeavours 
to  devise  such  a  provision  as  will  be  truly  consistent  with 
the  end,  I  add  an  equal  reliance  on  the  cheerful  co-opera- 
tion of  the  other  branch  of  the  legislature.  It  would  be 
superfluous  to  specify  inducements  to  a  measure,  in  which 
the  character  and  permanent  interests  of  the  United  States 
are  so  obviously  and  so  deeply  concerned,  and  which  has 
received  so  explicit  a  sanction  from  your  declaration. 

Gentlemen  of  the  Senate  and  House  of  Representatives, — 
I  have  directed  the  proper  officers  to  lay  before  you,  re- 
spectively, such  papers  and  estimates  as  regard  the  affairs 
particularly  recommended  to  your  consideration,  and  ne- 
cessary to  convey  to  you  that  information  of  the  state  of 
the  Union,  which  it  is  my  duty  to  afford. 

The  welfare  of  our  country  is  the  great  object  to  which 
our  cares  and  efforts  ought  to  be  directed.  And  I  shall 
derive  great  satisfaction  from  a  co-operation  with  you,  in 
the  pleasing,  though  arduous  task  of  ensuring  to  our  fellow 
citizens  the  blessings  which  they  have  a  right  to  expect 
from  a  free,  efficient  and  equal  government. 

GEORGE  WASHINGTON. 


MESSAGE 

PROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  EASTERN  EOUNDARY  ON  BRITISH  TERRITORY.   FEB.  9, 

1790. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  EASTERN  BOUNDARY  ON  BRITISH  TERRITORY.  FEB.  18, 
1790, 

[See  Vol.  Confidential  Documents.] 


STATE    PAPERS.  V7 


SPEECH 

OF  THE  PRESIDENT  OF  THE  UNITED  STATES,  TO  BOTH 
HOUSES  OF  CONGRESS.   DEC.  8,  1790. 

Fellow  citizens  of  the  Senate, 

and  House  of  Representatives, 

In  meeting  you  again,  I  feel  much  satisfaction  in  being 
able  to  repeat  my  congratulations  on  the  favourable  pros- 
pects which  continue  to  distinguish  our  publick  affairs. 
The  abundant  fruits  of  another  year  have  blessed  our 
country  with  plenty,  and  with  the  means  of  a  flourishing 
commerce.  The  progress  of  publick  credit  is  witnessed 
by  a  considerable  rise  of  American  stock  abroad  as  well 
as  at  home.  And  the  revenues  allotted  for  this  and  other 
national  purposes,  have  been  productive  beyond  the  calcu- 
lations by  which  they  were  regulated.  This  latter  cir- 
cumstance is  the  more  pleasing,  as  it  is  not  only  a  proof 
of  the  fertility  of  our  resources,  but  as  it  assures  us  of  a 
further  increase  of  the  national  respectability  and  credit; 
and  let  me  add,  as  it  bears  an  honourable  testimony  to  the 
patriotism  and  integrity  of  the  mercantile  and  marine  part 
of  our  citizens.  The  punctuality  of  the  former  in  discharg- 
ing their  engagements  has  been  exemplary. 

In  conforming  to  the  powers  vested  in  me  by  acts  of  the 
last  session,  a  loan  of  three  millions  of  florins,  towards 
which  some  provisional  measures  had  previously  taken 
place,  has  been  completed  in  Holland.  As  well  the  cele- 
rity with  which  it  has  been  filled,  as  the  nature  of  the 
terms  (considering  the  more  than  ordinary  demand  for 
borrowing  created  by  the  situation  of  Europe)  give  a  rea- 
sonable hope,  that  the  further  execution  of  those  powers 
may  proceed  with  advantage  and  success.  The  secretary 
of  the  treasury  has  my  direction  to  communicate  such 
further  particulars  as  may  be  requisite  for  more  precise 
information. 

Since  your  last  sessions,  I  have  received  communica- 
tions, by  which  it  appears,  that  the  district  of  Kentucky, 
at  present  a  part  of  Virginia,  has  concurred  in  certain 
propositions  contained  in  a  law  of  that  state,  in  conse- 
quence of  which  the  district  is  to  become  a  distinct  mem- 
ber of  the  Union,  in  case  the  requisite  sanction  of  Con- 

VOL.    I.  3 


18  AJIERICAiS 

gress  be  added.  For  this  sanction  application  is  now 
made.  I  shall  cause  the  papers  on  this  very  important 
transaction  to  be  laid  before  you.  The  liberality  and  har- 
mony with  which  it  has  been  conducted,  will  be  found  to 
do  great  honour  to  both  the  parties.  And  the  sentiments 
of  warm  attachment  to  the  Union,  and  its  present  govern- 
ment, expressed  by  our  fellow  citizens  of  Kentucky,  cannot 
fail  to  add  an  affectionate  concern  for  their  particular  wel- 
fare, to  the  great  national  impressions  under  which  you 
will  decide  on  the  case  submitted  to  you. 

It  has  been  heretofore  known  to  Congress,  that  frequent 
incursions  have  been  made  on  our  frontier  settlements  by 
certain  banditti  of  Indians,  from  the  north-west  side  of  the 
Ohio.  These,  With  some  of  the  tribes  dwelling  on  and 
near  the  Wabash,  have  of  late  been  particularly  active  in 
their  depredations  ;  and  being  emboldened  by  the  impu- 
nity of  their  crimes,  and  aided  by  such  parts  of  the  neigh- 
bouring tribes  as  could  be  seduced  to  join  in  their  hosti- 
lities, or  afford  them  a  retreat  for  their  prisoners  and  plun- 
der, they  have,  instead  of  listening  to  the  humane  invita- 
tions and  overtures  made  on  the  part  of  the  United  States, 
renewed  their  violences  with  fresh  alacrity  and  greater 
effect.  The  lives  of  a  number  of  valuable  citizens  have 
thus  been  sacrificed,  and  some  of  them  under  circumstan- 
ces peculiarly  shocking ;  whilst  others  have  been  carried 
into  a  deplorable  captivity. 

These  aggravated  provocations  rendered  it  essential  to 
the  safety  of  the  western  settlements,  that  the  aggressors 
should  be  made  sensible  that  the  government  of  the  Union 
is  not  less  capable  of  punishing  their  crimes,  than  it  is 
disposed  to  respect  their  rights  and  reward  their  attach- 
ments. As  this  object  could  not  be  effected  by  defensive 
measures,  it  became  necessary  to  put  in  force  the  act 
which  empowers  the  President  to  call  out  the  militia  for 
the  protection  of  the  frontiers.  And  I  have  accordingly 
authorized  an  expedition,  in  which  the  regular  troops  in 
that  quarter  are  combined  with  such  draughts  of  militia  as 
were  deemed  sufficient.  The  event  of  the  measure  is  yet 
unknown  to  me.  The  Secretary  of  War  is  directed  to  lay 
before  you  a  statement  of  the  information  on  which  it  is 
founded,  as  well  as  an  estimate  of  the  expense  with  which 
it  will  be  attended. 

The  disturbed  situation  of  Europe,  and  particularly  the 


STATE    PAPERS.  1ft 

critical  posture  of  the  great  maritime  powers,  whilst  it 
ought  to  make  us  the  more  thankful  for  the  general  peace 
and  security  enjoyed  by  the  United  States,  reminds  us  at 
the  same  time,  of  the  circumspection  with  which  it  be- 
comes us  to  preserve  these  blessings.  It  requires  also  that 
we  should  not  overlook  the  tendency  of  a  war,  and  even 
of  preparations  for  a  war,  among  the  nations  most  con- 
cerned in  active  commerce  with  this  country,  to  abridge 
the  means,  and  thereby  at  least  enhance  the  price  of 
transporting  its  valuable  productions  to  their  proper  mar- 
kets. I  recommend  it  to  your  serious  reflections,  how 
far,  and  in  what  mode,  it  may  be  expedient  to  guard 
against  embarrassments  from  these  contingencies,  by  such 
encouragements  to  our  own  navigation  as  will  render  our 
commerce  and  agriculture  less  dependent  on  foreign  bot- 
toms, which  may  fail  us  in  the  very  moment  most  interest- 
ing to  both  of  these  great  objects.  Our  fisheries,  and 
the  transportation  of  our  own  produce,  offer  us  abundant 
means  for  guarding  ourselves  against  this  evil. 

Your  attention  seems  to  be  not  less  due  to  that  particu- 
lar branch  of  our  trade  which  belongs  to  the  Mediterranean. 
So  many  circumstances  unite  in  rendering  the  present 
state  of  it  distressful  to  us,  that  you  will  not  think  any  de- 
liberations misemployed  which  may  lead  to  its  relief  and 
protection. 

The  laws  you  have  already  passed  for  the  establishment 
of  a  judiciary  system,  have  opened  the  doors  of  justice 
to  all  descriptions  of  persons.  You  will  consider  in'your 
wisdom,  whether  improvements  in  that  system  may  yet  be 
ma  'e;  and  particularly,  whether  an  uniform  process  of 
execution  on  sentences  issuing  from  the  federal  courts,  be 
not  desirable  through  all  the  States. 

The  patronage  of  our  commerce,  of  our  merchants  and 
seamen,  has  called  for  the  appointment  of  consuls  in  fo- 
reign countries.  It  seems  expedient  to  regulate  by  law 
the  exercise  of  that  jurisdiction,  and  those  functions  which 
are  permitted  them,  cither  by  express  convention,  or  by  a 
friendly  indulgence  in  the  places  of  their  residence.  The 
Consular  Convention  too  with  his  Most  Christian  Majesty, 
has  stipulated,  in  certain  cases,  the  aid  of  the  national 
authority  to  his  consuls  established  here.  Some  legisla- 
tive provision  is  requisite  to  carrv  these  stipulations  into 
full  effect. 


'20  AMERICAN 

The  establishment  of  the  militia,  of  a  mint,  of  standards 
of  weights  and  measures,  of  the  post  office  and  post  roads, 
are  subjects  which  (I  presume)  you  will  resume  of  course, 
and  which  are  abundantly  urged  by  their  own  importance. 

Gentlemen  of  the  House  of  Representatives, — The  suffi- 
ciency of  the  revenues  you  have  established,  for  the  ob- 
jects to  which  they  are  appropriated,  leaves  no  doubt 
but  the  residuary  provisions  will  be  commensurate  to  the 
other  objects,  for  which  the  publick  faith  stands  now  pledg- 
ed. Allow  me,  moreover,  to  hope,  that  it  will  be  a  fa- 
vourite policy  with  you,  not  merely  to  secure  a  payment 
of  the  interest  of  the  debt  funded,  but  as  far  and  as  fast 
as  the  growing  resources  of  the  country  will  permit,  to 
exonerate  it  of  the  principal  itself.  The  appropriations 
you  have  made  of  the  western  lands,  explain  your  dis- 
positions on  this  subject :  and  I  am  persuaded,  that  the 
sooner  that  valuable  fund  can  be  made  to  contribute,  along 
with  other  means,  to  the  actual  reduction  of  the  publick 
debt,  the  more  salutary  will  the  measure  be  to  every  publick 
interest,  as  well  as  the  more  satisfactory  to  our  consti- 
tuents. 

Gentlemen  of  the  Senate  and  House  of  Representatives, — 
In  pursuing  the  various  and  weighty  business  of  the  pre- 
sent session,  I  indulge  the  fullest  persuasion,  that  your  con- 
sultations will  be  equally  marked  with  wisdom,  and  ani- 
mated by  the  love  of  your  country.  In  whatever  belongs 
to  my  duty,  you  shall  have  all  the  co-operation  which  an 
undiminished  zeal  for  its  welfare  can  inspire.  It  will  be 
happy  for  us  both,  and  our  best  reward,  if,  by  a  successful 
administration  of  our  respective  trusts,  we  can  makeithe 
established  government  more  and  more  instrumental"  in 
promoting  the  good  of  our  fellow  citizens,  and  more  and 
more  the  object  of  their  attachment  and  confidence. 

GEORGE  WASHINGTON. 


REPORT 

OF  SECRETARY  OF  STATE  RELATIVE  TO  THE  TRADE  OF  THE 
UNITED  STATES  IX  THE  MEDITERRANEAN.  DEC.  28,  1790. 

[See  Vol.  Confidential  Documents.] 


STATE    PAPERS.  21 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  AMERICAN  PRISONERS  AT  ALGIERS.  DEC.  30,  1790. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  FRANCE.   JAN.  17,  1791. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  FRANCE.   JAN.  19,  1791. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES.  FRENCH' 
LETTER  AND  DECREE  RELATIVE  TO  THE  DEATH  OF  DR. 
FRANKLIN.   JAN.  26,  1791. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM   THE    PRESIDENT    OF    THE    UNITED    STATES    RELATIVE 
TO  GREAT  BRITAIN.       FEB.   14,   1791. 

[^re  Vol.  Confidential  Document?."; 


22  AMERICAN 


MESSAGE 

FROM    THE    PRESIDENT    OF    THE    UNITED    STATES    RELATIVE 
TO  SPAIN  AND  PORTUGAL.       FEB.   18,   1791. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM    THE    PRESIDENT    OF    THE    UNITED    STATES    RELATIVE 
TO  ALGIERS  AND  MOROCCO.    FEB.   22,   1791. 

[See  Vol.  Confidential  Documents.] 


SPEECH 

OF     THE     PRESIDENT     OF     THE     UNITED     STATES     TO     BOTH 
HOUSES  OF  CONGRESS.       OCT.  25,  1791. 

Fellow  citizens  of  the  Senate 

and  House  of  Representatives, 

I  meet  you,  upon  the  present  occasion,  with  the  feelings 
which  are  naturally  inspired  by  a  strong  impression  of"  the 
prosperous  situation  of  our  common  country,  and  by  a  per- 
suasion equally  strong,  that  the  labours  of  the  session 
which  has  just  commenced,  will,  under  the  guidance  of  a 
spirit,  no  less  prudent  than  patriotick,  issue  in  measures  con- 
ducive to  the  stability  and  increase  of  national  prosperity. 

Numerous  as  are  the  providential  blessings  which  de- 
mand our  grateful  acknowledgments,  the  abundance  with 
which  another  year  has  again  rewarded  the  industry  of 
the  husbandman  is  too  important  to  escape  recollection. 

Your  own  observations,  in  your  respective  situations, 
will  have  satisfied  you  of  the  progressive  state  of  agricul- 
ture, manufactures,  commerce  and  navigation  :  in  tracing 
their  causes,  you  will  have  remarked,  with  particular  plea- 
sure, the  happy  effects  of  that  revival  of  confidence,  pub- 
lick  as  well  as  private,  to  which  the  constitution  and  laws 
of  the  United  States  have  so  eminently  contributed.  And 
you  will  have  observed,  with  no  less  interest,  new  and 


STATE    PAPERS.  23 

decisive  proofs  of  the  increasing  reputation  and  credit  of 
the  nation.  But  you,  nevertheless,  cannot  fail  to  derive 
satisfaction  from  the  confirmation  of  these  circumstances, 
which  will  be  disclosed  in  the  several  official  communica- 
tions that  will  be  made  to  you  in  the  course  of  your  deli- 
berations. 

The  rapid  subscriptions  to  the  bank  of  the  United  States, 
which  completed  the  sum  allowed  to  be  subscribed  in  a 
single  day,  is  among  the  striking  and  pleasing  evidences 
which  present  themselves  not  only  of  confidence  in  the 
government,  but  of  resource  in  the  community. 

In  the  interval  of  your  recess,  due  attention  has  been 
paid  to  the  execution  of  the  different  objects  which  were 
specially  provided  for  by  the  laws  and  resolutions  of  the 
last  session. 

Among  the  most  important  of  these  is  the  defence  and 
security  of  the  western  frontiers.  To  accomplish  it  on  the 
most  humane  principles,  was  a  primary  wish. 

Accordingly,  at  the  same  time  that  treaties  have  been 
provisionally  concluded,  and  other  proper  means  used  to 
attach  the  wavering,  and  to  confirm  in  their  friendship  the 
well-disposed  tribes  of  Indians,  effectual  measures  have 
been  adopted  to  make  those  of  a  hostile  description  sen- 
sible, that  a  pacification  was  desired  upon  terms  of  mode- 
ration and  justice. 

These  measures  having  proved  unsuccessful,  it  became 
necessary  to  convince  the  refractory  of  the  power  of  the 
United  States  to  punish  their  depredations;  offensive  ope- 
rations have  therefore  been  directed ;  to  be  conducted, 
however,  as  consistently  as  possible  with  the  dictates  of 
humanity.  Some  of  these  have  been  crowned  with  full 
success,  and  others  are  yet  depending.  The  expeditions 
which  have  been  completed,  were  carried  on  under  the 
authority,  and  at  the  expense  of  the  United  States,  by  the 
militia  of  Kentucky ;  whose  enterprise,  intrepidity,  and 
good  conduct,  are  entitled  to  peculiar  commendation. 

Overtures  of  peace  are  still  continued  to  the  deluded 
tribes,  and  considerable  numbers  of  individuals  belonging 
to  them  have  lately  renounced  all  further  opposition,  re- 
moved from  their  former  situations,  and  placed  themselves 
under  the  immediate  protection  of  the  United  States. 

It  is  sincerely  to  be  desired,  that  all  need  of  coercion, 
in  future,  may  cease,  and  that  an  intimate  intercourse  may 


24  AMERICAN 

succeed,  calculated  to  advance  the  happiness  of  the  In- 
dians, and  to  attach  them  firmly  to  the  United  States. 

In  order  to  this,  it  seems  necessary — That  they  should 
experience  the  benefits  of  an  impartial  dispensation  of 
justice — That  the  mode  of  alienating  their  lands,  the  main 
source  of  discontent  and  war,  should  be  so  defined,  and 
regulated,  as  to  obviate  imposition,  and,  as  far  as  may  be 
practicable,  controversy  concerning  the  reality  and  extent 
of  the  alienations  which  are  made — That  commerce  with 
them  should  be  promoted  under  regulations  tending  to  se- 
cure an  equitable  deportment  towards  them,  and  that  such 
rational  experiments  should  be  made,  for  imparting  to 
them  the  blessings  of  civilization,  as  may,  from  time  to 
time,  suit  their  condition — That  the  Executive  of  the  Unit- 
ed States  should  be  enabled  to  employ  the  means  to  which 
the  Indians  have  been  long  accustomed  for  uniting  their 
immediate  interests  with  the  preservation  of  peace — And, 
that  efficacious  provision  should  be  made  for  inflicting 
adequate  penalties  upon  all  those,  who,  by  violating  their 
rights,  shall  infringe  the  treaties,  and  endanger  the  peace 
of  the  Union. 

A  system  corresponding  with  the  mild  principles  of 
religion  and  philanthropy  towards  an  unenlightened  race  of 
men,  whose  happiness  materially  depends  on  the  conduct 
of  the  United  States,  would  be  as  honourable  to  the  na- 
tional character,  as  conformable  to  the  dictates  of  sound 
policy. 

The  powers  specially  vested  in  me  by  the  act,  laying 
certain  duties  on  distilled  spirits,  which  respect  the  sub- 
divisions of  the  districts  into  surveys,  the  appointment  of 
officers,  and  the  assignment  of  compensations,  have  like- 
wise been  carried  into  effect.  In  a  matter,  in  which  both 
materials  and  experience  were  wanting  to  guide  the  cal- 
culation, it  will  be  readily  conceived  that  there  must  have 
been  difficulty  in  such  an  adjustment  of  the  rates  of  com- 
pensation as  would  conciliate  a  reasonable  competency, 
with  a  proper  regard  to  the  limits  prescribed  by  the  law. 
It  is  hoped  that  the  circumspection  which  has  been  used 
will  be  found  in  the  result  to  have  secured  the  last  of  the 
two  objects ;  but  it  is  probable,  that  with  a  view  to  the 
first,  in  some  instances  a  revision  of  the  provision  will  be 
found  advisable. 

The  impressions  with  which  this  law  has  been  received 


STATE    PAPERS.  25 

by  the  community,  have  been,  upon  the  whole,  such  as4 
"Were  to  be  expected  among  enlightened  and  well-disposed 
citizens,  from  the  propriety  and  necessity  of  the  measure* 
The  novelty,  however,  of  the  tax,  in  a  considerable  part 
of  the  United  States,  and  a  misconception  of  some  of  its 
provisions,  have  given  occasion  in  particular  places  to 
some  degree  of  discontent.  But  it  is  satisfactory  to  know, 
that  this  disposition  yields  to  proper  explanations  and 
more  just  apprehensions  of  the  true  nature  of  the  law. 
And  1  entertain  a  full  confidence,  that  it  will,  in  all,  give 
way  to  motives  which  arise  out  of  a  just  sense  of  duty,  and 
a  virtuous  regard  to  the  publick  welfare. 

If  there  are  any  circumstances  in  the  law,  which,  con- 
sistently with  its  main  design,  may  be  so  varied  as  to  re- 
move any  well-intentioned  objections  that  may  happen  to 
exist,  it  will  consist  with  a  wise  moderation  to  make  the 
proper  variations.  It  is  desirable,  on  all  occasions,  to 
unite  with  a  steady  and  firm  adherence  to  constitutional 
and  necessary  acts  of  government,  the  fullest  evidence  of 
a  disposition,  as  far  as  may  be  practicable,  to  consult  the 
wishes  of  every  part  of  the  community,  and  to  lay  the 
foundations  of  the  publick  administration  in  the  affections 
©f  the  people. 

Pursuant  to  the  authority  contained  in  the  several  acts 
on  that  subject,  a  district  of  ten  miles  square,  for  the  per- 
manent seat  of  the  government  of  the  United  States,  has 
been  fixed,  and  announced  by  proclamation ;  which  dis- 
trict will  comprehend  lands  on  both  sides  of  the  river  Po- 
towmac,  and  the  towns  of  Alexandria  and  Georgetown. 
A  city  has  also  been  laid  out  agreeably  to  a  plan  which 
will  be  placed  before  Congress ;  and  as  there  is  a  pros- 
pect favoured  by  the  rate  of  sales  which  have  already 
taken  place,  of  ample  funds  for  carrying  on  the  necessary 
publick  buildings,  there  is  every  expectation  of  their  due 
progress. 

The  completion  of  the  census  of  the  inhabitants,  for 
which  provision  was  made  by  law,  has  been  duly  notified, 
(excepting  in  one  instance,  in  which  the  return  has  been 
informal ;  and  another,  in  which  it  has  been  omitted  or 
miscarried)  and  the  returns  of  the  officers  who  were  charg- 
ed with  this  duty,  which  will  be  laid  before  you,  will  give 
you  the  pleasing  assurance,  that  the  "present  population  of 
the  United  States  borders  on  four  millions  of  persons. 
VOL.    i.  4 


26  AMERICAN 

It  is  proper  also  to  inform  you,  that  a  further  loan  of 
two  millions  and  an  half  of  florins  has  been  completed  in 
Holland;  the  terms  of  which  are  similar  to  those  of  the 
one  last  announced,  except  as  to  a  small  reduction  of 
charges.  Another,  on  like  terms,  for  six  millions  of  florins, 
had  been  set  on  foot,  under  circumstances  that  assured  an 
immediate  completion. 

Gentlemen  of  the  Senate, — Two  treaties  which  have  been 
provisionally  concluded  with  the  Cherokees,  and  Six  Na- 
tions of  Indians,  will  be  laid  before  you  for  your  conside- 
ration and  ratification. 

Gentlemen  of  the  House  of  Representatives, — In  entering 
upon  the  discharge  of  your  legislative  trust,  you  must  an- 
ticipate with  pleasure,  that  many  of  the  difficulties,  neces- 
sarily incident  to  the  first  arrangements  of  a  new  govern- 
ment, for  an  extensive  country,  have  been  happily  sur- 
mounted by  the  zealous  and  judicious  exertions  of  your 
predecessors  in  co-operation  with  the  other  branch  of  the 
Legislature.  The  important  objects  which  remain  to  be 
accomplished,  will,  I  am  persuaded,  be  conducted  upon 
principles  equally  comprehensive,  and  equally  well  calcu- 
lated for  the  advancement  of  the  general  weal. 

The  time  limited  for  receiving  subscriptions  to  the 
loans  proposed  by  the  act  for  making  provision  for  the 
debt  of  the  United  States,  having  expired,  statements  from 
the  proper  department,  will,  as  soon  as  possible,  apprize 
you  of  the  exact  result.  Enough,  however,  is  known  al- 
ready to  afford  an  assurance  that  the  views  of  that  act 
have  been  substantially  fulfilled.  The  subscription  in  the 
domestick  debt  of  the  United  States,  has  embraced  by  far 
the  greatest  proportion  of  that  debt ;  affording  at  the  same 
time,  proof  of  the  general  satisfaction  of  the  publick  cre- 
ditors with  the  system  which  has  been  proposed  to  their 
acceptance,  and  of  the  spirit  of  accommodation  to  the  con- 
venience of  the  government  with  which  they  are  actuated. 
The  subscriptions  in  the  debts  of  the  respective  states,  as 
far  as  the  provisions  of  the  law  have  permitted,  may  be 
said  to  be  yet  more  general.  The  part  of  the  debt  of  the 
United  States  which  remains  unsubscribed,  will  naturally 
engage  your  further  deliberations. 

It  is  particularly  pleasing  to  me  to  be  able  to  announce 
to  you,  that  the  revenues  which  have  been  established, 
promise  to  be  adequate  to  their  objects,  and  may  be  per- 


state  Papers.  2T- 

mitted,  if  no  unforeseen  exigency  occurs,  to  supersede,  for 
the  present,  the  necessity  of  any  new  burdens  upon  our 
constituents. 

An  object  which  will  claim  your  early  attention,  is  a 
provision  for  the  current  service  of  the  ensuing  year,  to- 
gether with  such  ascertained  demands  upon  the  treasury, 
as  require  to  be  immediately  discharged,  and  such  casu- 
alties as  may  have  arisen  in  the  execution  of  the  publick 
business,  for  which  no  specifick  appropriation  may  have 
yet  been  made ;  of  all  which,  a  proper  estimate  will  be 
laid  before  you. 

Gentlemen  of  the  Senate,  and  House  of  Representatives, — 
I  shall  content  myself  with  a  general  reference  to  former 
communications  for  several  objects,  upon  which  the  ur* 
gency  of  other  affairs  has  hitherto  postponed  any  defi- 
nitive resolution.  Their  importance  will  recall  them  to 
your  attention  ;  and  I  trust  that  the  progress  already  made 
in  the  most  arduous  arrangements  of  the  government  will 
afford  you  leisure  to  resume  them  with  advantage. 

There  are,  however,  some  of  them  of  which  I  cannot 
forbear  a  more  particular  mention  ;  these  are,  the  militia — 
the  post  office  and  post  roads — the  mint — weights  and 
measures — a  provision  for  the  sale  of  the  A^acant  lands 
of  the  United  States. 

The  first  is  certainly  an  object  of  primary  importance, 
whether  viewed  in  reference  to  the  national  security,  to 
the  satisfaction  of  the  community,  or  to  the  preservation 
of  order.  In  connexion  with  this,  the  establishment  of 
competent  magazines  and  arsenals,  and  the  fortification  of 
such  places  as  arc  peculiarly  important  and  vulnerable 
naturally  present  themselves  to  consideration.  The  safely 
of  the  United  States,  under  divine  protection,  ought  to 
rest  on  the  basis  of  systematic  and  solid  arrangement:  ex- 
posed as  little  as  possible  to  the  hazards  of  fortuitous  cir- 
cumstances. 

The  importance  of  the  post  office  and  post  roads,  on 
a  plan  sufficiently  liberal  and  comprehensive,  as  they  re- 
spect the  expedition,  safety  and  facility  of  communication, 
is  increased  by  the  instrumentality  in  diffusing  a  know- 
ledge of  the  laws  and  proceedings  of  the  government ; 
which,  while  it  contributes  to  the  security  of  the  peoplr, 
serves  also  to  guard  them  against  the  effects  of  misrepre- 
sentation and  misconception.     The  establishment  of  ad- 


•28  AMERIfcAxV 

ditional  cross  posts,  especially  to  some  of  the  important 
points  in  the  western  and  northern  parts  of  the  Union, 
cannot  fail  to  be  of  material  utility. 

The  disorders  in  the  existing  currency,  and  especially 
the  scarcity  of  small  change,  a  scarcity  so  peculiarly  dis- 
tressing to  the  poorer  classes,  strongly  recommend  the 
carrying  into  immediate  effect  the  resolution  already 
entered  into  concerning  the  establishment  of  a  mint. — 
Measures  have  been  taken  pursuant  to  that  resolution  for 
procuring  some  of  the  most  necessary  artists,  together  with 
the  requisite  apparatus. 

An  uniformity  in  the  weights  and  measures  of  the  coun- 
try is  among  the  important  objects  submitted  to  you  by 
the  constitution,  and  if  it  can  be  derived  from  a  standard 
at  once  invariable  and  universal,  must  be  no  less  honour- 
able to  the  publick  councils  than  conducive  to  the  publick 
convenience. 

A  provision  for  the  sale  of  the  vacant  lands  of  the  Unit- 
ed States,  is  particularly  urged,  among  other  reasons,  by 
the  important  considerations  ;  that  they  are  pledged  as  a 
fund  for  reimbursing  the  publick  debt ;  that  if  timely  and 
judiciously  applied,  they  may  save  the  necessity  of  bur- 
dening our  citizens  with  new  taxes  for  the  extinguish- 
ment of  the  principal ;  and  that  being  free  to  discharge 
the  principal,  but  in  a  limited  proportion,  no  opportunity 
ought  to  be  lost  for  availing  the  publick  of  its  right. 

GEORGE  WASHINGTON, 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 
SPAIN,    AND    NAVIGATION    OF    THE    MISSISSIPPI.    JAN.    lh 

1792. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FR9M  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CONGRESS. 
MARCH  5,   1792. 

Knowing  the  friendly  interest  you  take  in  whatever 
may  promote  the  happiness  and  prosperity  of  the  French 


State  papers.  2$ 

nation,  it  is  with  pleasure  that  I  lay  before  you  the  trans- 
lation of  a  letter  which  I  have  received  from  his  most 
Christian  Majesty,  announcing  to  the  United  States  of 
America,  his  acceptance  of  the  constitution  presented  to 
him  by  his  nation.  GEORGE  WASHINGTON. 

Translation  of  a  letter  from  the  King  of  France,  of  Sept. 
19,  1791. 

Very  dear,  great  Friends  and  Allies, 

We  make  it  our  duty  to  inform  you,  that  we  have  ac- 
cepted the  Constitution  which  has  been  presented  to  us 
in  the  name  of  the  nation,  and  according  to  which  France 
will  be  henceforth  governed. 

We  clo  not  doubt  that  you  take  an  interest  in  an  event 
so  important  to  our  kingdom,  and  to  us  ?  and  it  is  with 
real  pleasure  we  take  this  occasion  to  renew  to  you  as- 
surances of  the  sincere  friendship  we  bear  you  :  Where- 
upon we  pray  God  to  have  you,  very  dear,  great  friends 
and  allies,  in  his  just  and  holy  keeping. — Written  at  Paris, 
the  19th  of  September,  1791. 

Your  good  Friend  and  Ally.         LOUIS. 


To  the  United  States  of  North  America. 


MONTMORIN, 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 
NEGOTIATIONS  AT  MADRID.  MARCH  7,   1792. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

KROM  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CONGRESS* 
APRIL  13,  1792. 

I  have  thought  it  proper  to  lay  before  you  a  communi- 
(^ationofthe  1 1  th  instant,  from  the  minister  plenipoten- 
tiary of  Great  Britain,  to  the  Secretary  of  State,  relative 


30  AMERICAN 

to  the  commerce  of  the  two  countries ;  together  with  their 
explanatory  correspondence,  and  the  Secretary  of  State's 
letter  to  me  on  the  subject. 

GEORGE  WASHINGTON. 

Philadelphia,  April  13,  1792. 

Sir, — I  have  the  honour  to  lay  before  you  a  communi- 
cation from  Mr.  Hammond,  minister  plenipotentiary  of  his 
Britannick  Majesty,  covering  a  clause  of  a  statute  of  that 
country  relative  to  its  commerce  with  this ;  and  notifying 
a  determination  to  carry  it  into  execution  henceforward. — 
Conceiving  that  the  determination  announced  could  not 
be  really  meant  as  extensively  as  the  words  import,  1 
asked  and  received  an  explanation  from  the  minister,  a? 
expressed  in  the  letter  and  answer  herein  enclosed ;  and, 
on  consideration  of  all  circumstances,  I  cannot  but  confide 
in  the  opinion  expressed  by  him,  that  its  sole  object  is  to 
exclude  foreign  vessels  from  the  islands  of  Jersey  and 
Guernsey. 

The  want  of  proportion  between  the  motives  expressed 
and  the  measure,  its  magnitude  and  consequences,  total 
silence  as  to  the  proclamation  on  which  the  intercourse 
between  the  two  countries  has  hitherto  hung,  and  of  which, 
in  this  broad  sense,  it  would  be  a  revocation,  and  the  re- 
cent manifestations  of  the  disposition  of  that  government, 
to  concur  with  this  in  mutual  offices  of  friendship  and  good 
will,  support  his  construction. 

The  minister  moreover  assured  me  verbally,  that  he 
would  immediately  write  to  his  court  for  an  explanation, 
and  in  the  mean  time  is  of  opinion,  that  the  usual  inter- 
course of  commerce  between  the  two  countries  (Jersey 
and  Guernsey  excepted)  need  not  be  suspended.  I  have 
the  honour  to  be,  &c.  THOMAS  JEFFERSON. 

•  The  President  of  the  United  States. 

Philadelphia,  April  11,  1792. 
Sir, — 1  have  received  by  a  circular  despatch  from  my 
court,  directions  to  inform  this  government,  that,  consi- 
derable inconveniences  having  arisen  from  the  importa- 
tion of  tobacco  in  foreign  vessels  into  the  ports  of  his  ma- 
jesty's dominions,  contrary  to  the  act  of  the  12th  Charles; 
2.  chap.   18.  Sect.  3.  (commonly  called  the  navigation 


STATE    PAPERS.  31 

act)  it  lias  been  determined  in  future  strictly  to  enforce 
this  clause,  of  which  I  take  the  liberty  of  enclosing  to  you 
a  copy  ;  and  I  have  the  honour  to  be,  with  perfect  esteem 
and  respect,  Sir,  your  most  obedient  humble  servant. 

GEORGE  HAMMOND. 

Mr.  Jefferson. 

12  Charles  2.  Chap.  18.  Sect.  3. 
And  it  is  further  enacted  by  the  authority  aforesaid, 
that  no  goods  or  commodities  whatsoever,  of  the  growth, 
production,  or  manufacture  of  Africa,  Asia,  or  America,  or 
of  any  part  thereof,  which  are  described  or  laid  down  in 
the  usual  maps  or  charts  of  those  places,  be  imported  into 
England,  Ireland,  or  Wales,  islands  of  Guernsey  and  Jer- 
sey, or  town  of  Berwick  upon  Tweed,  in  any  other  ship 
or  ships,  vessel  or  vessels,  whatsoever,  but  in  such  as  do 
truly  and  without  fraud,  belong  only  to  the  people  of  Eng- 
land or  Ireland,  Dominion  of  Wales,  or  town  of  Berwick 
upon  Tweed,  or  of  the  lands,  islands,  plantations  or  ter- 
ritories in  Asia,  Africa,  or  America,  to  his  majesty  belong- 
ing, as  the  proprietors  and  right  owners  thereof,  and 
whereof  the  master  and  three-fourths  at  least  of  the  ma- 
riners are  English,  under  the  penalty  of  the  forfeiture  of 
all  such  goods  and  commodities,  and  of  the  ship  or  vessel 
in  which  they  were  imported,  with  all  her  guns,  tackle, 
furniture,  ammunition  and  apparel,  one  moiety  to  his  ma- 
jesty, his  heirs  and  successors,  and  the  other  moiety  to 
him  or  them  who  shall  seize,  inform,  or  sue  for  the  same. 
in  any  court  of  record,  by  bill,  information,  plaint  or  other 
action,  wherein  no  essoine,  protection,  or  wager  of  law 
shall  be  allowed. 

Philadelphia,  April  12,  1792. 

Sir, — 1  am  this  moment  favoured  with  the  letter  you 
did  me  the  honour  of  writing  yesterday,  covering  the 
extract  of  a  British  statute  forbidding  the  admission  of 
foreign  vessels  into  any  ports  of  the  British  dominions, 
with  goods  or  commodities  of  the  growth,  production,  or 
manufacture  of  America. 

The  effect  of  this  appears  to  me  so  extensive,  a^  to 
induce  a  doubt  whether  I  understand  rightly  the  determi- 
nation to  enforce  it.  which  you  notify,  and  to  oblige  mr 


'32  AMERICAN 

to  ask  of  you,  whether  we  are  to  consider  it  as  so  far  a 
revocation  of  the  proclamation  of  your  government,  regu- 
lating the  commerce  between  the  two  countries,  and  that 
henceforth  no  articles  of  the  growth,  production,  or  man- 
ufacture of  the  United  States,  are  to  be  received  in  the 
ports  of  Great  Britain,  or  Ireland,  in  vessels  belonging  to 
the  citizens  of  the  United  States  ?  I  have  the  honour  to 
be,  &c.  THOMAS  JEFFERSON. 

The  minister  plenipotentiary  of  Great  Britain. 

Philadelphia,  April  12,  1792. 

Sir, — In  answer  to  your  letter  of  this  day,  I  have  the 
honour  of  observing,  that  I  have  no  other  instructions 
upon  the  subject  of  my  communication,  than  such  as  are 
contained  in  the  circular  despatch,  of  which  I  stated  the 
purport  in  my  letter  dated  yesterday. — I  have,  however, 
no  difficulty  in  assuring  you,  that  the  result  of  my  per- 
sonal conviction  is,  that  the  determination  of  his  majesty '* 
government  to  enforce  the  clause  of  the  act  of  navigation 
(a  copy  of  which  I  transmitted  to  you)  with  respect  to  the 
importation  of  commodities  in  foreign  vessels,  has  origi- 
nated in  consequence  of  the  many  frauds  that  have  taken 
place  in  the  importation  of  tobacco  into  his  majesty's 
dominions,  in  foreign  vessels,  and  is  not  intended  to  mili- 
tate against  the  proclamation,  or  order  of  the  king  in 
council,  regulating  the  commercial  intercourse  between 
Great  Britain  and  the  United  States,  which  I  have  every 
reason  to  believe  still  exists  in  full  force,  as  I  have  not 
had  the  most  distant  intimation  of  its  being  revoked. 

I  have  the  honour  to  be,  &c. 

GEORGE  HAMMOND. 

Mr.  Jefferson. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  Ti> 
ALGIERS.       MAY  8,   1792. 

[See  Vol.  Confidential  Documents.] 


STATE    PAPERS*  33 


SPEECH 

«F     THE    PRESIDENT    OP     THE     UNITED     STATES    TO    BOTH 
HOUSES  OF  CONGRESS.       NOV.  6,  1792. 

Fellow  citizens  of  the  Senate, 

and  of  the  House  of  Representatives, 

It  is  some  abatement  of  the  satisfaction,  with  which  I 
meet  you  on  the  present  occasion,  that,  in  felicitating  you 
on  a  continuance  of  the  national  prosperity,  generally,  I 
am  not  able  to  add  to  it  information  that  the  Indian  hos- 
tilities, which  have  for  some  time  past  distressed  our  north- 
western frontier,  have  terminated. 

You  will,  I  am  persuaded,  learn  with  no  less  concern 
than  I  communicate  it,  that  reiterated  endeavours  towards 
effecting  a  pacification  have  hitherto  issued  only  in  new 
and  outrageous  proofs  of  persevering  hostility,  on  the  part 
of  the  tribes  with  whom  we  are  in  contest.  An  earnest 
desire  to  procure  tranquillity  to  the  frontier — to  stop  the 
further  effusion  of  blood — to  arrest  the  progress  of  ex- 
pense— to  forward  the  prevalent  wish  of  the  nation  for 
peace,  has  led  to  strenuous  efforts,  through  various  chan- 
nels, to  accomplish  these  desirable  purposes :  in  making 
which  efforts,  I  consulted  less  my  own  anticipations  of  the 
event,  or  the  scruples  which  some  considerations  were  cal- 
culated to  inspire,  than  the  wish  to  find  the  object  attain- 
able ;  or  if  not  attainable,  to  ascertain,  unequivocally,  that 
such  is  the  case. 

A  detail  of  the  measures  that  have  been  pursued,  and 
of  their  consequences,  which  will  be  laid  before  you,  while 
it  will  confirm  to  you  the  want  of  success,  thus  far,  will,  I 
trust,  evince  that  means  as  proper  and  as  efficacious  as 
could  have  been  devised,  have  been  employed.  The  issue 
of  some  of  them,  indeed,  is  still  depending ;  but  a  favour- 
able one,  though  not  to  be  despaired  of,  is  not  promised 
by  any  thing  that  has  yet  happened. 

In  the  course  of  the  attempts  which  have  been  made, 
some  valuable  citizens  have  fallen  victims  to  their  zeal  for 
the  publick  service.  A  sanction  commonly  respected  even 
among  savages,  has  been  found,  in  this  instance,  insuffi- 
cient to  protect  from  massacre  the  emissaries  of  peace, 
ft  will.  I  presume,  be  duly  considered  whether  the  occa- 
voi*.  i.  **» 


<i&  AMERICAN' 

sion  does  not  call  for  an  exercise  of  liberality  towards  the 
families  of  the  deceased. 

It  must  add  to  your  concern,  to  be  informed,  that  beside 
the  continuation  of  hostile  appearances  among  the  tribes 
north  of  the  Ohio,  some  threatening  symptoms  have  of  late 
been  revived  among  some  of  those  south  of  it. 

A  part  of  the  Cherokees,  known  by  the  name  of  Chicka- 
magas,  inhabiting  five  villages  on  the  Tennesee  river, 
have  long  been  in  the  practice  of  committing  depredations 
on  the  neighbouring  settlements. 

It  was  hoped  that  the  treaty  of  Holston,  made  with  the 
Cherokee  nation  in  July,  1791,  would  have  prevented  a 
repetition  of  such  depredations.  But  the  event  has  not 
answered  this  hope.  The  Chickamagas,  aided  by  some 
banditti  of  another  tribe,  in  their  vicinity,  have  recently 
perpetrated  wanton,  and  unprovoked  hostilities  upon  the 
citizens  of  the  United  States  in  that  quarter.  The  infor- 
mation which  has  been  received  on  this  subject  will  be 
laid  before  you.  Hitherto,  defensive  precautions  only 
have  been  strictly  enjoined,  and  observed. 

It  is  not  understood  that  any  breach  of  treaty,  or  ag- 
gression whatsoever,  on  the  part  of  the  United  States,  or 
their  citizens,  is  even  alleged  as  a  pretext  for  the  spirit  of 
hostility  in  this  quarter. 

I  have  reason  to  believe  that  every  practicable  exertion 
has  been  made  (pursuant  to  the  provision  by  law  for  that 
purpose)  to  be  prepared  for  the  alternative  of  a  prosecu- 
tion of  the  war,  in  the  event  of  the  failure  of  pacifick  over- 
tures. A  large  proportion  of  the  troops  authorized  to  be 
raised,  have  been  recruited,  though  the  number  is  still  in- 
complete ;  and  pains  have  been  taken  to  discipline  and 
put  them  in  condition  for  the  particular  kind  of  service  to 
be  performed.  A  delay  of  operations  (besides  being  dic- 
tated by  the  measures  which  were  pursuing  towards  a 
pacifick  termination  of  the  war)  has  been  in  itself  deemed 
preferable  to  immature  efforts.  A  statement  from  the 
proper  department,  with  regard  to  the  number  of  troop* 
raised,  and  some  other  points  which  have  been  suggested, 
will  afford  more  precise  information,  as  a  guide  to  the 
legislative  consultations ;  and  among  other  things,  will 
enable  Congress  to  judge  whether  some  additional  stimulus 
to  the  recruiting  service  may  not  be  advisable. 

In  looking  forward  to  the  future  expense  of  the  opera- 


STATfi  PAPERS.  36 

tions,  which  may  be  found  inevitable,  I  derive  consolation 
from  the  information  I  receive,  that  the  product  of  the 
revenues  for  tb.e  present  year,  is  likely  to  supersede  the 
necessity  of  additional  burdens  on  the  community,  for  the 
service  of  the  ensuing  year.  This,  however,  will  be  bet- 
ter ascertained  in  the  course  of  the  session  ;  and  it  is 
proper  to  add,  that  the  information  alluded  to,  proceeds 
upon  the  supposition  of  no  material  extension  of  the  spirit 
of  hostility. 

I  cannot  dismiss  the  subject  of  Indian  affairs,  without 
again  recommending  to  your  consideration  the  expediency 
of  more  adequate  provision  for  giving  energy  to  the  laws 
throughout  our  interior  frontier,  and  for  restraining  the 
commission  of  outrages  upon  the  Indians ;  without  which, 
all  pacifick  plans  must  prove  nugatory.  To  enable,  by 
competent  rewards,  the  employment  of  qualified  and  trusty 
persons  to  reside  among  them,  as  agents,  would  also  con- 
tribute to  the  preservation  of  peace  and  good  neighbour- 
hood. If,  in  addition  to  these  expedients,  an  eligible  plan 
could  be  devised  for  promoting  civilization  among  the 
friendly  tribes,  and  for  carrying  on  trade  with  them,  upon 
a  scale  equal  to  their  wants,  and  under  regulations  calcu- 
lated to  protect  them  from  imposition  and  extortion,  its  in- 
fluence in  cementing  their  interests  with  ours,  could  not 
but  be  considerable. 

The  prosperous  state  of  our  revenue  has  been  intimated. 
This  would  be  still  more  the  case,  were  it  not  for  the  im- 
pediments, which  in  some  places  continue  to  embarrass 
the  collection  of  the  duties  on  spirits  distilled  within  the 
United  States.  These  impediments  have  lessened  and 
are  lessening  in  local  extent;  and,  as  applied  to  the  com- 
munity at  large,  the  contentment  with  the  law  appears  to 
be  progressive. 

But  symptoms  of  increased  opposition  having  lately 
manifested  themselves  in  certain  quarters,  I  judged  a  spe- 
cial interposition  on  my  part,  proper  and  advisable ;  and, 
under  this  impression,  have  issued  a  proclamation,  warning 
against  all  unlawful  combinations  and  proceedings,  having 
for  their  object,  or  tending  to  obstruct  the  operation  of  the 
law  in  question,  and  announcing  that  all  lawful  ways  and 
means  would  be  strictly  put  in  execution  for  bringing  to 
justice  the  infractors  thereof,  and  securing  obedience 
thereto. 


30  AMERICAN 

Measures  have  also  been  taken  for  the  prosecution  of 
offenders.'  And  Congress  may  be  assured,  that  nothing 
within  constitutional  and  legal  limits,  which  may  depend 
on  me,  shall  be  wanting  to  assert  and  maintain  the  just 
authority  of  the  laws.  In  fulfilling  this  trust,  I  shall  count 
entirely  upon  the  full  co-operation  of  the  other  depart- 
ments of  government,  and  upon  the  zealous  support  of  all 
good  citizens. 

I  cannot  forbear  to  bring  again  into  the  view  of  the 
legislature,  the  subject  of  a  revision  of  the  judiciary  sys- 
tem. A  representation  from  the  Judges  of  the  Supreme 
Court,  which  will  be  laid  before  you,  points  out  some  of 
the  inconveniences  that  are  experienced.  In  the  course 
of  the  execution  of  the  laws,  considerations  arise  out  of 
the  structure  of  that  system,  which,  in  some  cases,  tend  to 
relax  their  efficacy.  As  connected  with  this  subject,  pro- 
visions to  "facilitate  the  taking  of  bail  upon  processes  cut 
of  the  courts  of  the  United  States,  and  a  supplementary 
definition  of  offences  against  the  constitution  and  laws  of 
the  Union,  and  of  the  punishment  for  such  offences,  will, 
it  is  presumed,  be  found  worthy  of  particular  attention. 

Observations  on  the  value  of  peace  with  other  nations 
are  unnecessary.  It  would  be  wise,  however,  by  timely 
provisions,  to  guard  against  those  acts  of  our  own  citizens, 
which  might  tend  to  disturb  it,  and  to  put  ourselves  in  a 
condition  to  give  that  satisfaction  to  foreign  nations,  which 
we  may  sometimes  have  occasion  to  require  from  them. 
I  particularly  recommend  to  your  consideration  the  means 
of  preventing  those  aggressions  by  our  citizens  on  the  ter- 
ritory of  other  nations,  and  other  infractions  of  the  law  of 
nations,  which,  furnishing  just  subject  of  complaint,  might 
endanger  our  peace  with  them.  And,  in  general,  the 
maintenance  of  a  friendly  intercourse  with  foreign  powers 
will  be  presented  to  your  attention  by  the  expiration  of 
the  law  for  that  purpose,  which  takes  place,  if  not  renew- 
ed, at  the  close  of  the  present  session. 

In  execution  of  the  authority  given  by  the  legislature, 
measures  have  been  taken  for  engaging  some  artists  from 
abroad  to  aid  in  the  establishment  of  our  mint ;  others  have 
been  employed  at  home.  Provision  has  been  made  of  the 
requisite  buildings,  and  these  are  now  putting  into  proper 
condition  for  the  purposes  of  the  establishment.  There 
lias  also  been  a  small  beginning  in  the  coinage  of  halt 


STATE  PAPERS.  3f 

dimes ;  the  want  of  small  coins  in  circulation  calling  the 
first  attention  to  them. 

The  regulation  of  foreign  coins,  in  correspondency  with 
the  principles  of  our  national  coinage,  as  being  essential 
to  their  due  operation,  and  to  order  in  our  money  con- 
cerns, will,  I  doubt  not,  be  resumed  and  completed. 

It  is  represented  that  some  provisions  in  the  law,  which 
establishes  the  post  office,  operate,  in  experiment,  against 
the  transmission  of  newspapers  to  distant  parts  of  the 
country.  Should  this,  upon  due  inquiry,  be  found  to  be 
the  fact,  a  full  conviction  of  the  importance  of  facilitating 
the  circulation  of  political  intelligence  and  information, 
will,  I  doubt  not,  lead  to  the  application  of  a  remedy. 

The  adoption  of  a  constitution  for  the  state  of  Kentucky, 
has  been  notified  to  me.  The  legislature  will  share  with 
me  in  the  satisfaction  which  arises  from  an  event  interest- 
ing to  the  happiness  of  the  part  of  the  nation  to  which  it 
relates,  and  conducive  to  the  general  order. 

It  is  proper  likewise  to  inform  you,  that  since  my  last 
communication  on  the  subject,  and  in  further  execution  of 
the  acts,  severally  making  provision  for  the  publick  debt, 
and  for  the  reduction  thereof,  three  new  loans  have  been 
effected,  each  for  three  millions  of  florins  ;  one  at  Antwerp, 
at  the  annual  interest  of  four  and  one  half  per  cent,  with 
an  allowance  of  four  per  cent,  in  lieu  of  all  charges ;  and 
the  other  two  at  Amsterdam,  at  the  annual  interest  of  four 
per  cent,  with  an  allowance  of  five  and  one  half  per  cent, 
in  one  case,  and  of  five  per  cent,  in  the  other,  in  lieu  of  all 
charges.  The  rates  of  these  loans,  and  the  circumstances 
under  which  they  have  been  made,  are  confirmations  of  the 
high  state  of  our  credit  abroad. 

Among  the  objects  to  which  these  funds  have  been  di- 
rected to  be  applied,  the  payment  of  the  debts  due  to 
certain  foreign  officers,  according  to  the  provision  made 
during  the  last  session,  has  been  embraced. 

Gentlemen  of  the  House  of  Representatives, — I  entertain 
a  strong  hope,  that  the  state  of  the  national  finances  is 
now  sufficiently  matured  to  enable  you  to  enter  upon  a 
systematick  and  effectual  arrangement  for  the  regular  re- 
demption and  discharge  of  the  publick  debt,  according  to 
the  right  which  has  been  reserved  to  the  government.  No 
measure  can  be  more  desirable,  whether  viewed  with  an 


38  AMERICAN. 

eye  to  its  intrinsick  importance,  or  to  the  general  sentiment 
and  wish  of  the  nation. 

Provision  is  likewise  requisite  for  the  reimbursement  of 
the  loan  which  has  been  made  of  the  Bank  of  the  United 
States,  pursuant  to  the  eleventh  section  of  the  act  by 
Which  it  is  incorporated.  In  fulfilling  the  publick  stipula- 
tions in  this  particular,  it  is  expected  a  valuable  saving 
will  be  made. 

Appropriations  for  the  current  service  of  the  ensuing 
year,  and  for  such  exlraordinaries  as  may  require  provi- 
sion, will  demand,  and,  I  doubt  not,  will  engage  your  early 
attention. 

Gentlemen  of  the  Senate,  and  of  the  House  of  Representa- 
tives,— I  content  myself  with  recalling  your  attention, 
generally,  to  such  objects,  not  particularized  in  my  present, 
as  have  been  suggested  in  my  former  communications  to 
you. 

Various  temporary  laws  will  expire  during  the  present 
session.  Among  these,  that  which  regulates  trade  and 
intercourse  with  the  Indian  tribes,  will  merit  particular 
notice. 

The  results  of  your  common  deliberations  hitherto,  will, 
I  trust,  be  productive  of  solid  and  durable  advantages  to 
our  constituents ;  such  as,  by  conciliating  more  and  more 
their  ultimate  suffrage,  will  tend  to  strengthen  and  confirm 
their  attachment  to  that  constitution  of  government,  upon 
which,  under  Divine  Providence,  materially  depend  their 
union,  their  safety,  and  their  happiness. 

Still  further  to  promote  and  secure  these  inestimable 
ends,  there  is  nothing  which  can  have  a  more  powerful 
tendency,  than  the  careful  cultivation  of  harmony,  com- 
bined with  a  due  regard  to  stability,  in  the  publick  coun- 
cils. GEORGE  WASHINGTON. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 

SPANISH  INTERFERENCE  WITH  INDIANS.    NOV.  7,  1792. 

[See  Vol.  Confidential  Document?.] 


^S.TATB  PAPERS.  39 


SPEECH 

9P  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  BOTH 
HOUSES  OF  CONGRESS.   DEC.  3,  1793. 

Fellow  citizens  of  the  Senate, 

and  of  the  House  of  Representatives, 

Since  the  commencement  of  the  term,  for  which  I  have 
been  again  called  into  office,  no  fit  occasion  has  arisen  for 
expressing  to  my  fellow  citizens  at  large,  the  deep  and 
respectful  sense,  which  I  feel,  of  the  renewed  testimony  of 
publick  approbation.  While,  on  the  one  hand,  it  awaken- 
ed my  gratitude  for  all  those  instances  of  affectionate  par- 
tiality, with  which  I  have  been  honoured  by  my  country ; 
on  the  other,  it  could  not  prevent  an  earnest  wish  for  that 
retirement,  from  which  no  private  consideration  should 
ever  have  torn  me.  But  influenced  by  the  belief,  that  my 
conduct  would  be  estimated  according  to  its  real  motives ; 
and  that  the  people,  and  the  authorities  derived  from  them, 
would  support  exertions,  having  nothing  personal  for  their 
object,  I  have  obeyed  the  suffrage,  which  commanded  me 
to  resume  the  executive  power ;  and  I  humbly  implore 
that  Being,  on  whose  will  the  fate  of  nations  depends,  to 
crown  with  success,  our  mutual  endeavours  for  the  general 
happiness. 

As  soon  as  the  war  in  Europe  had  embraced  those 
powers  with  whom  the  United  States  have  the  most  ex- 
tensive relations,  there  was  reason  to  apprehend  that  our 
intercourse  with  them  might  be  interrupted,  and  our  dis- 
position for  peace,  drawn  into  question,  by  the  suspicions, 
too  often  entertained  by  belligerent  nations.  It  seem- 
ed therefore  to  be  my  duty,  to  admonish  our  citizens  of 
the  consequences  of  a  contraband  trade,  and  of  hostile 
acts  to  any  of  the  parties ;  and  to  obtain,  by  a  declaration 
of  the  existing  legal  state  of  things,  an  easier  admission  of 
our  right  to  the  immunities,  belonging  to  our  situation. 
Under  these  impressions,  the  proclamation  which  will  be 
laid  before  you,  was  issued. 

In  this  posture  of  affairs,  both  new  and  delicate,  I  re- 
solved to  adopt  general  rules,  which  should  conform  to  the 
treaties,  and  assert  the  privileges,  of  the  United  States. 
These  were  reduced  into  a  system,  which  will  be  commu- 
nicated to  you.     Although  I  have  not  thought  myself  at 


40  AMERICAN- 

liberty  to  forbid  the  sale  of  the  prizes,  permitted  by  our 
treaty  of  commerce  with  France  to  be  brought  into  our 
ports,  I  have  not  refused  to  cause  them  to  be  restored, 
when  they  were  taken  within  the  protection  of  our  terri- 
tory, or  by  vessels  commissioned,  or  equipped  in  a  warlike 
form,  within  the  limits  of  the  United  States. 

It  rests  with  the  wisdom  of  Congress,  to  correct,  im- 
prove or  enforce  this  plan  of  procedure  ;  and  it  will  proba- 
bly be  found  expedient,  to  extend  the  legal  code,  and  the 
jurisdiction  of  the  Courts  of  the  United  States,  to  many 
cases  which,  though  dependent  on  principles  already  re- 
cognised, demand  some  further  provisions. 

Where  individuals  shall,  within  the  United  States,  array 
themselves  in  hostility  against  any  of  the  powers  at  war ; 
or  enter  upon  military  expeditions,  or  enterprises  within 
the  jurisdiction  of  the  United  States ;  or  usurp  and  exer- 
cise judicial  authority  within  the  United  States  ;  or  where 
the  penalties  on  violations  of  the  law  of  nations  may  have 
been  indistinctly  marked,  or  are  inadequate ;  these  of- 
fences cannot  receive  too  early  and  close  an  attention,  and 
require  prompt  and  decisive  remedies. 

Whatsoever  those  remedies  may  be,  they  will  be  well 
administered  by  the  Judiciary,  who  possess  a  long  estab- 
lished course  of  investigation,  effectual  process,  and  offi- 
cers in  the  habit  of  executing  it.  In  like  manner,  as 
several  of  the  courts  have  doubted,  under  particular  cir- 
cumstances, their  power  to  liberate  the  vessels  of  a  nation 
at  peace,  and  even  of  a  citizen  of  the  United  States, 
although  seized  under  a  false  colour  of  being  hostile 
property,  and  have  denied  their  power  to  liberate  certain 
captures  within  the  protection  of  our  territory ;  it  would 
seem  proper  to  regulate  their  jurisdiction  in  these  points. 
But  if  the  Executive  is  to  be  the  resort,  in  either  of  the 
two  last  mentioned  cases,  it  is  hoped,  that  he  will  be  au- 
thorized by  law,  to  have  facts  ascertained  by  the  courts, 
when,  for  his  own  information,  he  shall  request  it. 

I  cannot  recommend  to  your  notice  measures  for  the 
fulfilment  of  our  duties  to  the  rest  of  the  world,  without 
*  again  pressing  upon  you  the  necessity  of  placing  ourselves 
in  a  condition  of  complete  defence,  and  of  exacting  from 
them  the  fulfilment  of  their  duties  towards  us.  The  United 
States  ought  not  to  indulge  a  persuasion,  that,  contrary  to 
the  order  of  human  events,  they  will,  for  ever,  keep  at  a 


STATE   PAPERS.  41 

distance  those  painful  appeals  to  arms,  with  which  the 
history  of  every  other  nation  abounds.  There  is  a  rank 
due  to  the  United  States  among  nations,  which  will  be 
withheld,  if  not  absolutely  lost,  by  the  reputation  of  weak- 
ness. If  we  desire  to  avoid  insult,  we  must  be  able  to 
repel  it ;  if  we  desire  to  secure  peace,  one  of  the  most 
powerful  instruments  of  our  rising  prosperity,  it  must  be 
known  that  we  are  at  all  times  ready  for  war. 

The  documents  which  will  be  presented  to  you,  will 
show  the  amount,  and  kinds  of  arms  and  military  stores 
now  in  our  magazines  and  arsenals ;  and  yet  an  addition, 
even  to  these  supplies,  cannot,  with  prudence,  be  neglect- 
ed, as  it  would  leave  nothing  to  the  uncertainty  of  procur- 
ing a  warlike  apparatus,  in  the  moment  of  publick  danger. 
Nor  can  dtoch  arrangements,  with  such  objects,  be  exposed 
to  the  censure  or  jealousy  of  the  warmest  friends  of  re- 
publican government.  They  are  incapable  of  abuse  in 
the  hands  of  the  militia,  who  ought  to  possess  a  pride  in 
being  the  depositary  of  the  force  of  the  Republick,  and 
may  be  trained  to  a  degree  of  energy,  equal  to  every  mili- 
tary exigency  of  the  United  States.  But  it  is  an  inquiry, 
which  cannot  be  too  solemnly  pursued,  whether  the  act 
"  more  effectually  to  provide  for  the  national  defence  by 
establishing  an  uniform  militia  throughout  the  United 
States,"  has  organized  them  so  as  to  produce  their  full 
effect ;  whether  your  own  experience  in  the  several  States 
has  not  detected  some  imperfections  in  the  scheme ;  and 
whether  a  material  feature  in  an  improvement  of  it,  ought 
not  to  be,  to  afford  an  opportunity  for  the  study  of  those 
branches  of  the  military  art,  which  can  scarcely  ever  be 
attained  by  practice  alone  ? 

The  connection  of  the  United  States  with  Europe,  has. 
become  extremely  interesting.  The  occurrences  which. 
relate  to  it,  and  have  passed  under  the  knowledge  of  the 
Executive,  will  be  exhibited  to  Congress  in  a  subsequent 
communication. 

When  we  contemplate  the  war  on  our  frontiers,  it  may 
be  truly  affirmed,  that  every  reasonable  effort  has  been 
made,  to  adjust  the  causes  of  dlssention  with  the  Indians 
north  of  the  Ohio.  The  instructions  given  to  the  commis- 
sioners evince  a  moderation  and  equity,  proceeding  from  a 
sincere  love  of  peace,  and  a  liberality  having  no  restriction 
but  the  essential  interests  and  dignity  of  the  United  Slates. 

VOL.  I.  G 


42  AllERICAX 

The  attempt,  however,  of  an  amicable  negotiation  having 
been  frustrated,  the  troops  have  marched  to  act  offensively. 
Although  the  proposed  treaty  did  not  arrest  the  progress 
of  military  preparation,  it  is  doubtful,  how  far  the  advance 
of  the  season,  before  good  faith  justified  active  movements, 
may  retard  them  during  the  remainder  of  the  year.  From 
the  papers  and  intelligence  which  relate  to  this  important 
subject,  you  will  determine,  whether  the  deficiency  in  the 
number  of  troops,  granted  by  law,  shall  be  compensated  by 
succours  of  militia,  or  additional  encouragements  shall  be 
proposed  to  recruits.  An  anxiety  has  been  also  demon- 
strated by  the  Executive,  for  peace  with  the  Creeks  and 
the  Cherokees.  The  former  have  been  relieved  with  corn 
and  with  clothing,  and  offensive  measures  against  them 
prohibited  during  the  recess  of  Congress.  To  fatisfy  the 
complaints  of  the  latter,  prosecutions  have  been  instituted 
for  the  violences  committed  upon  them.  But  the  papers 
which  will  be  delivered  to  you,  disclose  the  critical  footing 
on  which  we  stand  in  regard  to  both  those  tribes ;  and  it  is 
with  Congress  to  pronounce,  what  shall  be  done. 

After  they  shall  have  provided  for  the  present  emergen- 
cy, it  will  merit  their  most  serious  labours,  to  render  tran- 
quillity with  the  savages  permanent,  by  creating  ties  of 
interest.  Next  to  a  rigorous  execution  of  justice  on  the 
violators  of  peace,  the  establishment  of  commerce  with  the 
Tndian  nations  in  behalf  of  the  United  States,  is  most  likely 
to  conciliate  their  attachment.  But  it  ought  to  be  con- 
ducted without  fraud,  without  extortion,  with  constant  and 
plentiful  supplies  ;  with  a  ready  market  for  the  commodi- 
ties of  the  Indians,  and  a  stated  price  for  what  they  give  in 
payment,  and  receive  in  exchange.  Individuals  will  not 
pursue  such  a  traffick,  unless  they  be  allured  by  the  hope 
of  profit ;  but  it  will  be  enough  for  the  United  States  to  be 
reimbursed  only.  Should  this  recommendation  accord 
with  the  opinion  of  Congress,  they  will  recollect  that  it 
cannot  be  accomplished  by  any  means  yet  in  the  hands  of 
the  Executive. 

Gentlemen  of  the  House  of  Representatives, — The  com- 
missioners, charged  with  the  settlement  of  accounts  be- 
tween the  United  and  individual  States,  concluded  their 
important  functions,  within  the  time  limited  by  law;  and 
the  balances  struck  in   their  report,  which  will  be  laid 


STATE  PAPERS.  43 

before  Congress,  have  been  placed  on  the  books  of  the 
treasury. 

On  the  first  day  of  June  last,  an  instalment  of  one  mil- 
lion of  florins  became  payable  on  the  loans  of  the  United 
States  in  Holland.  This  was  adjusted  by  a  prolongation 
of  the  period  of  reimbursement,  in  nature  of  a  new  loan, 
at  an  interest  at  five  per  cent,  for  the  term  of  ten  years  ; 
and  the  expenses  of  this  operation,  were  a  commission  of 
three  per  cent. 

The  first  instalment  of  the  loan  of  two  millions  of  dol- 
lars from  the  bank  of  the  United  States,  has  been  paid,  as 
was  directed  by  law.  For  the  second,  it  is  necessary  that 
provision  should  be  made. 

No  pecuniary  consideration  is  more  urgent,  than  the 
regular  redemption  and  discharge  of  the  publick  debt :  on 
none  can  delay  be  more  injurious,  or  an  economy  of  time 
more  valuable. 

The  productiveness  of  the  publick  revenues  hitherto, 
has  continued  to  equal  the  anticipations  which  were  form- 
ed of  it ;  but  it  is  not  expected  to  prove  commensurate 
with  all  the  objects  which  have  been  suggested.  Some 
auxiliary  provisions  will,  therefore,  it  is  presumed,  be  re- 
quisite ;  and  it  is  hoped  that  these  may  be  made,  con- 
sistently with  a  due  regard  to  the  convenience  of  our 
citizens,  who  cannot  but  be  sensible  of  the  true  wisdom  of 
encountering  a  small  present  addition  to  their  contribu- 
tions, to  obviate  a  future  accumulation  of  burdens. 

But  here,  I  cannot  forbear  to  recommend  a  repeal  of  the 
tax  on  the  transportation  of  publick  prints.  There  is 
no  resource  so  firm  for  the  government  of  the  United 
States,  as  the  affections  of  the  people,  guided  by  an  en- 
lightened policy  ;  and  to  this  primary  good,  nothing  can 
conduce  more,  than  a  faithful  representation  of  publick 
proceedings,  diffused,  without  restraint,  throughout  the 
United  States. 

An  estimate  of  the  appropriations,  necessary  for  the 
current  service  of  the  ensuing  year,  and  a  statement  of  a 
purchase  of  arms  and  military  stores,  made  during  the  re- 
cess, will  be  presented  to  Congress. 

Gentlemen  of  the  Senate  and  of  the  House  of  Representa- 
tives,— The  several  subjects  to  which  I  have  now  referred, 
open  a  wide  range  to  your  deliberations  ;  and  involve  some 
of  the  choicest  interests  of  our  common  country.     Permit 


44  AMERICAN 

me  to  bring  to  your  remembrance  the  magnitude  of  your 
task.  Without  an  unprejudiced  coolness,  the  welfare  of 
the  government  may  be  hazarded ;  without  harmony,  as 
far  as  consists  with  freedom  of  sentiment,  its  dignity  may 
be  lost.  But  as  the  legislative  proceedings  of  the  United 
States  will  never,  I  trust,  be  reproached  for  the  want  of 
temper  or  candour;  so  shall  not  the  publick  happiness 
languish,  from  the  want  of  my  strenuous  and  warmest  co- 
operations. GEORGE  WASHINGTON. 


PROCLAMATION  OF  NEUTRALITY. 

EXTRACT  FROM  JOURNALS  OF  CONGRESS,  DEC.  3,  1793. 

A  message  was  received  from  the  President  of  the 
United  States,  by  Mr.  Dandridge  his  Secretary,  who  de- 
livered in  a  copy  of  the  proclamation,  together  with  a  copy 
of  the  rules  prescribed  by  the  President,  for  the  govern- 
ment of  the  Executive  officers,  in  executing  the  treaties 
between  the  United  States  and  foreign  powers,  referred 
to  in  the  President's  Speech  to  both  Houses. 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA. 

A  PROCLAMATION. 

Whereas  it  appears  that  a  state  of  war  exists  between 
Austria,  Prussia,  Sardinia,  Great  Britain,  and  the  United 
Netherlands,  of  the  one  part,  and  France  on  the  other, 
and  the  duty  and  interest  of  the  United  States  require, 
that  they  should  with  sincerity  and  good  faith  adopt  and 
pursue  a  conduct  friendly  and  impartial  toward  the  bel- 
ligerent powers : 

I  have  therefore  thought  fit  by  these  presents  to  declare 
the  disposition  of  the  United  States  to  observe  the  conduct 
aforesaid  towards  those  powers  respectively  ;  and  to  ex- 
hort and  warn  the  citizens  of  the  United  States  carefully 
to  avoid  all  acts  and  proceedings  whatsoever,  which  may 
in  any  manner  tend  to  contravene  such  disposition. 

And  I  do  hereby  also  make  known  that  whosoever  of  the 
citizens  of  the  United  States  shall  render  himself  liable  to 
punishment  or  forfeiture  under  the  law  of  nations,  by  com- 
mitting, aiding  or  abetting  hostilities  against  any  of  the  said 


STATE    PAPERS. 


A6 


powers,  or  by  carrying  to  any  of  them  those  articles  which 
are  deemed  contraband  by  the  modern  usage  of  nations, 
will  not  receive  the  protection  of  the  United  States,  against 
such  punishment  or  forfeiture:  and  further,  that  I  have 
given  instructions  to  those  officers,  to  whom  it  belongs,  to 
cause  prosecutions  to  be  instituted  against  all  persons,  who 
shall,  within  the  cognizance  of  the  courts  of  the  United 
States,  violate  the  law  of  nations,  with  respect  to  the 
powers  at  war,  or  any  of  them. 

In  testimony  whereof  I  have  caused  the  seal  of  the 
United  States  of  America  to  be  affixed  to  these 
presents,  and  signed  the  same  with  my  hand. 
[l.s.]  Done  at  the  city  of  Philadelphia,  the  twenty- 
second  day  of  April,  one  thousand  seven  hundred 
and  ninety-three,  and  of  the  Independence  of  the 
United  States  of  America  the  seventeenth. 

GEORGE  WASHINGTON. 
By  the  President, 

Th.  Jefferson. 

[CIRCULAR.] 

INSTRUCTIONS    TO    THE    COLLECTORS    OF    THE    CUSTOMS* 

Philadelphia,  August  4,  1793. 

SIR, 

It  appearing  that  repeated  contraventions  of  our  neu- 
trality have  taken  place  in  the  ports  of  the  United  States 
without  having  been  discovered  in  time  for  prevention  or 
remedy.  I  have  it  in  command  from  the  President  to 
address  to  the  collectors  of  the  respective  districts  a  par- 
ticular instruction  on  the  subject. 

It  is  expected  that  the  officers  of  the  customs  in  each 
district  will  in  the  course  of  their  official  functions  have  a 
vigilant  eye  upon  whatever  may  be  passing  within  the 
ports,  harbours,  creeks,  inlets  and  waters  of  such  district, 
of  a  nature  to  contravene  the  laws  of  neutrality,  and  upon 
discovery  of  any  thing  of  the  kind  will  give  immediate 
notice  to  the  governour  of  the  state,  and  to  the  attorney  of 
the  judicial  district,  comprehending  the  district  of  the 
customs  within  which  any  such  contravention  may  happen. 

To  assist  the  judgment  of  the  officers  on  this  head  I 
transmit  herewith  a  schedule  of  rules  concerning  sundry 
particulars  which  have  been  adopted  by  the  President,  as 


46  AMERICAN 

deductions  from  the  laws  of  neutrality,  established  and 
received  among  nations.  Whatever  shall  be  contrary  to 
these  rules,  will  of  course  be  to  be  notified  as  above  men- 
tioned. 

There  are  some  other  points,  which,  pursuant  to  our 
treaties  and  the  determination  of  the  Executive,  I  ought 
,  to  notice  to  you. 

If  any  vessel  of  either  of  the  powers  at  war  with  France 
should  bring  or  send  within  your  district  a  prize  made  of 
the  subjects,,  people,  or  property  of  France,  it  is  immedi- 
ately to  be  notified  to  the  governour  of  the  state,  in  order 
that  measures  may  be  taken,  pursuant  to  the  17th  article 
of  our  treaty  with  France,  to  oblige  such  vessel  and  her 
prize,  or  such  prize  when  sent  in  without  the  capturing 
vessel,  to  depart. 

No  privateer  of  any  of  the  powers  at  war  with  France 
coming  within  a  district  of  the  United  States,  can  by  the 
22d  article  of  our  treaty  with  France,  enjoy  any  other 
privilege  than  that  of  purchasing  such  victuals  as  shall  be 
necessary  for  her  going  to  the  next  port  of  the  prince  or 
state  from  which  she  has  her  commission.  If  she  should  do 
any  thing  beside  this,  it  is  immediately  to  be  reported  to 
the  governour  and  the  attorney  of  the  district.  You  will 
observe  by  the  rules  transmitted,  that  the  term  privateer 
is  understood  not  to  extend  to  vessels  armed  for  merchan- 
dise and  war,  commonly  called  with  us  letters  of  marque, 
nor  of  course,  to  vessels  of  war  in  the  immediate  service 
of  the  government  of  either  of  the  powers  at  war. 

No  armed  vessel  which  has  been  or  shall  be  originally 
fitted  out  in  any  port  of  the  United  States,  by  either  of  the 
parties  at  war,  is  henceforth  to  have  asylum  in  any  district 
of  the  United  States.  If  any  such  armed  vessel  shall  ap- 
pear within  your  district,  she  is  immediately  to  be  notified 
to  the  governour  and  attorney  of  the  district,  which  is  also 
to  be  done  in  respect  to  any  prize  that  such  armed  vessel 
shall  bring  or  send  in.  At  foot  is  a  list  of  such  aimed 
vessels  of  the  above  description  as  have  hitherto  come  to 
the  knowledge  of  the  Executive. 

The  purchasing  within,  and  exporting  from  the  United 
States,  by  way  of  merchandise,  articles  commonly  called 
contraband,  being  generally,  warlike  instruments  and  mili- 
tary stores,  is  free  to  all  the  parties  at  war,  and  is  not  to  be 
interfered  with.     If  our  own  citizens  undertake  to  carry 


STATE  PAPERS.  47 

them  to  any  of  those  parties  they  will  be  abandoned  to  the 
penalties  which  the  laws  of  war  authorize. 

You  will  be  particularly  careful  to  observe,  and  to  notify 
as  directed  in  other  instances,  the  case  of  any  citizen  of 
the  United  States  who  shall  be  found  in  the  service  of 
either  of  the  parties  at  war. 

In  case  any  vessel  shall  be  found  in  the  act  of  contra- 
vening any  of  the  rules  or  principles  which  are  the  ground 
of  this  instruction,  she  is  to  be  refused  a  clearance  until 
she  shall  have  complied  with  what  the  governour  shall 
have  decided  in  reference  to  her.  Care,  however,  is  to 
be  taken  in  this,  not  unnecessarily  or  unreasonably  to  em- 
barrass trade,  or  to  vex  any  of  the  parties  concerned^ 

In  order  that  contraventions  may  be  the  better  ascertain- 
ed, it  is  desired  that  the  officer  who  shall  first  go  on  board 
any  vessel  arriving  within  your  district,  shall  make  an  ac- 
curate survey  of  her  then  condition  as  to  military  equipment 
to  be  forthwith  reported  to  you,  and  that  prior  to  her 
clearance  a  like  survey  be  made,  that  any  transgression  of 
the  rules  laid  down  may  be  ascertained. 

But  as  the  propriety  of  any  such  inspection  of  a  vessel  of 
war  in  the  immediate  service  of  the  government  of  a  foreign 
nation  is  not  without  question  in  reference  to  the  usage  of 
nations,  no  attempt  is  to  be  made  to  inspect  any  such  vessel 
till  further  order  on  the  point. 

The  President  desires  me  to  signify  to  you  his  most 
particular  expectation,  that  the  instruction  contained  in 
this  letter  will  be  executed  with  the  greatest  vigilance, 
care,  activity  and  impartiality.  Omissions  will  tend  to 
expose  the  government  to  injurious  imputations  and  sus- 
picions, and  proportionably  to  commit  the  good  faith  and 
peace  of.  the  country;  objects  of  too  much  importance  not 
to  engage  every  proper  exertion  of  your  zeal.  With 
consideration,  1  am,  sir,  &c. 

ALEXANDER  HAMILTON. 

1.  The  original  arming  and  equipping  of  vessels  in  the 
ports  of  the  United  States  by  any  of  the  belligerent  parties 
for  military  service,  offensive  or  defensive,  is  deemed  un- 
lawful. 

2.  Equipments  of  merchant  vessels  by  either  of  the  bel- 
ligerent parties  in  the  ports  of  the  United  States,  purely 
for  the  accommodation  of  them  as  such,  i«  deemed  lawful. 


48  AMERICAN 

3.  Equipments  in  the  ports  of  the  United  States  of  ves- 
sels of  war  in  the  immediate  service  of  the  government  of 
any  of  the  belligerent  parties,  which  if  done  to  other  ves- 
sels would  be  of  a  doubtful  nature,  as  being  applicable 
either  to  commerce  or  war,  are  deemed  lawful ;  except 
those  which  shall  have  made  prize  of  the  subjects,  people, 
or  property  of  France  coming  with  their  prizes  into  the 
ports  of  the  United  States  pursuant  to  the  17th  article  of 
our  treaty  of  amity  and  commerce  with  France. 

4.  Equipments  in  the  ports  of  the  United  States,  by  any 
of  the  parties  at  war  with  France,  of  vessels  fitted  for 
merchandize  and  war,  whether  with  or  without  commis- 
sions, which  are  doubtful  in  their  nature  as  being  applica- 
ble either  to  commerce  or  war,  are  deemed  lawful ;  except 
those  which  shall  have  made  prize,  &c. 

5.  Equipments  of  any  of  the  vessels  of  France,  in  the 
ports  of  the  United  States,  which  are  doubtful  in  their  na- 
ture as  being  applicable  to  commerce  or  war,  are  deemed 
lawful. 

6.  Equipments  of  every  kind  in  the  ports  of  the  United 
States,  of  privateers  of  the  powers  at  war  with  France,  are 
deemed  unlawful. 

7.  Equipments  of  vessels  in  the  ports  of  the  United 
States,  which  are  of  a  nature  solely  adapted  to  war,  are 
deemed  unlawful ;  except  those  stranded  or  wrecked,  as 
mentioned  in  the  18th  article  of  our  treaty  with  France, 
the  16th  of  our  treaty  with  the  United  Netherlands,  the 
9th  of  our  treaty  with  Prussia ;  and  except  those  mention- 
ed in  the  19th  article  of  our  treaty  with  France,  the  17th 
of  our  treaty  with  the  United  Netherlands,  the  18th  of 
•ur  treaty  with  Prussia. 

8.  Vessels  of  either  of  the  parties  not  armed,  or  armed 
previous  to  their  coming  into  the  ports  of  the  United 
States,  which  shall  not  have  infringed  any  of  the  foregoing 
rules,  may  lawfully  engage  or  enlist  therein  their  own 
subjects  or  citizens,  not  being  inhabitants  of  the  United 
States :  except  privateers  of  the  powers  at  war  with  France, 
,and  except  those  vessels  which  shall  have  made  prize,  &c. 


STATE    PAPERS.  49 


MESSAGE 


OF  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CONGRESS. 
DEC.  5,  1793. 

As  the  present  situation  of  the  several  nations  of  Eu- 
rope, and  especially  of  those  with  which  the  United  States 
have  important  relations,  cannot  but  render  the  state  of 
things  between  them  and  us,  matter  of  interesting  inquiry 
to  the  legislature,  and  may  indeed  give  rise  to  delibera- 
tions, to  which  they  alone  are  competent,  I  have  thought 
it  my  duty  to  communicate  to  them,  certain  corresponden- 
ces, which  have  taken  place. 

The  representative  and  executive  bodies  of  France  have 
manifested  generally,  a  friendly  attachment  to  this  country, 
have  given  advantages  to  our  commerce  and  navigation, 
and  have  made  overtures  for  placing  these  advantages  on 
permanent  ground ;  a  decree,  however,  of  the  National 
Assembly,  subjecting  vessels  laden  with  provisions  to  be 
carried  into  their  ports,  and  making  enemy  goods  lawful 
prize  in  the  vessel  of  a  friend,  contrary  to  our  treaty, 
though  revoked  at  one  time,  as  to  the  United  States,  has 
been  since  extended  to  their  vessels  also,  as  has  been  re- 
cently stated  to  us.  Representations  on  the  subject  will 
be  immediately  given  in  charge  to  our  minister  there,  and 
the  result  shall  be  communicated  to  the  legislature. 

It  is  with  extreme  concern,  I  have  to  inform  you,  that 
the  proceedings  of  the  person,  whom  they  have  unfortu- 
nately appointed  their  minister  plenipotentiary  here,  have 
breathed  nothing  of  the  friendly  spirit  of  the  nation,  which 
sent  him ;  their  tendency,  on  the  contrary,  has  been  to 
involve  us  in  war  abroad,  and  discord  and  anarchy  at 
home.  So  far  as  his  acts,  or  those  of  his  agents,  have 
threatened  our  immediate  commitment  in  the  war,  or  fla- 
grant insult  to  the  authority  of  the  laws,  their  effect  has 
been  counteracted  by  the  ordinary  cognizance  of  the  laws, 
ond  by  an  exertion  of  the  powers  confided  to  me.  Where 
their  danger  was  not  imminent,  they  have  been  borne  with, 
from  sentiments  of  regard  to  his  nation ;  from  a  sense  of 
their  friendship  towards  us ;  from  a  conviction,  that  they 
would  not  suffer  us  to  remain  long  exposed  to  the  action 
»f  a  person,  who  has  so  little  respected  our  mutual  dispo- 
vob.  r.  7 


50  AMERICAN 

sitions ;  and,  I  will  add,  from  a  reliance  on  the  firmness  of 
my  fellow  citizens  in  their  principles  of  peace  and  order. 
In  the  mean  time,  I  have  respected  and  pursued  the 
stipulations  of  our  treaties,  according  to  what  I  judged 
their  true  sense ;  and  have  withheld  no  act  of  friendship, 
wfSch  their  affairs  have  called  for  from  us,  and  which  jus- 
tice to  others  left  us  free  to  perform.  I  have  gone  further ; 
rather  than  employ  force  for  the  restitution  of  certain 
vessels,  which  I  deemed  the  United  States  bound  to  re- 
store, I  thought  it  more  advisable  to  satisfy  the  parties,  by 
avowing  it  to  be  my  opinion,  that  if  restitution  were  not 
made,  it  would  be  incumbent  on  the  United  States  to  make 
compensation.  The  papers,  now  communicated,  will  more 
particularly  apprize  you  of  these  transactions. 

The  vexations  and  spoliation  understood  to  have  been 
committed  on  our  vessels  and  commerce,  by  the  cruisers 
and  officers  of  some  of  the  belligerent  powers,  appeared  to 
require  attention.  The  proofs  of  these,  however,  not 
having  been  brought  forward,  the  description  of  citizens, 
supposed  to  have  suffered,  were  notified,  that  on  furnishing 
them  to  the  Executive,  due  measures  would  be  taken  to 
obtain  redress  of  the  past,  and  more  effectual  provisions 
against  the  future.  Should  such  documents  be  furnished, 
proper  representations  will  be  made  thereon,  with  a  just 
reliance  on  a  redress  proportioned  to  the  exigency  of  the 
case. 

The  British  government  having  undertaken,  by  orders 
to  the  commanders  of  their  armed  vessels,  to  restrain, 
generally,  our  commerce,  in  corn  and  other  provisions,  to 
their  own  ports,  and  those  of  their  friends,  the  instructions 
now  communicated,  were  immediately  forwarded  to  our 
minister  at  that  court.  In  the  mean  time,  some  discus- 
sions on  the  subject  took  place  between  him  and  them : 
These  are  also  laid  before  you,  and  I  may  expect  to  learn 
the  result  of  his  special  instructions,  in  time  to  make  it 
known  to  the  legislature,  during  their  present  session. 

Very  early  after  the  arrival  of  a  British  minister  here, 
mutual  explanations  on  the  inexecution  of  the  treaty  of 
peace,  were  entered  into,  with  that  minister;  these  are 
now  laid  before  you,  for  your  information. 

On  the  subjects  of  mutual  interests  between  this  country 
and  Spain,  negotiations  and  conferences  are  now. depend- 
ing.    The  publick  good  requiring  that  the  present  state  of 


STATB    PAPERS.  51 

these  should  be  made  known  to  the  legislature,  in  confi- 
dence only,  they  shall  be  the  subject  of  a  separate  and 
subsequent  communication. 

GEORGE  WASHINGTON. 


TRANSLATION. 

LIQUIDATION     OF     THE     DEBT     OF    THE    UNITED    STATES    TO 
FRANCE. 

The  citizen  Genet,  Minister  Plenipotentiary  of  the  French 
Republick,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States  of  America.  Philadelphia,  May  22,  1793 — 
2d  year  of  the  French  Republick, 

Sir, — The  executive  council  of  the  French  Republick 
has  learnt  through  my  predecessor,  the  citizen  Ternant, 
the  readiness  with  which  the  government  of  the  United 
States  of  America  attended  to  the  facilitation  of  the  pur- 
chases which  that  minister  was  charged  to  make  in  the 
United  States,  on  account  of  the  French  Republick ;  as 
also  the  acquittal  of  the  draughts  of  the  colonies  for  which 
imperious  circumstances  obliged  it  to  provide.  The  ex- 
ecutive council,  sir,  has  charged  me  to  express  to  the 
American  government,  the  acknowledgment  inspired  by 
all  the  marks  of  friendship  which  it  has  given  on  this  subject 
to  the  French  nation ;  and  to  prove  to  it  the  reciprocity  of 
our  sentiments,  it  has  determined  to  give  at  once  a  great 
movement  to  the  commerce  of  France  with  America,  in 
drawing  henceforth  from  the  United  States  the  greatest 
part  of  the  subsistence  and  stores  necessary  for  the  armies, 
fleets  and  colonics  of  the  French  Republick. 

The  executive  council  has  intrusted  me  with  the  direc- 
tion of  these  great  and  useful  operations,  and  has  given  me 
particular  powers  comprehended  in  the  reports,  and  in  the 
resolutions  now  enclosed,  in  virtue  of  which  I  am  author- 
ized by  the  council  and  by  the  national  treasury  of  France, 
to  employ  the  sums  of  which  the  United  States  can  effect 
the  payment  (towards  their  debt  to  France)  or  those  which 
I  can  procure  on  my  personal  draughts,  payable  by  \hv 
national  treasury,  in  purchasing  provisions,  naval  stores, 
and  in  fulfilling  other  particular  services,  conformably  to 
the  orders  which  have  been  given  to  me  by  the  minister 
of  the  interior,  of  war.  of  the  marine,  and  of  foreign  affairs. 


$2  AMERICAN* 

The  government  of  the  United  States  is  too  enlightened, 
not  to  perceive  the  immense  advantages  which  will  result 
from  this  measure  to  the  people  of  America,  and  I  cannot 
doubt  that,  knowing  the  difficulties  which  different  circum- 
stances might  oppose  at  this  moment,  to  the  execution  of 
the  pressing  commissions  which  have  been  given  to  me,  if 
it  should  not  facilitate  to  us  still  the  receipt  of  new  sums 
by  anticipation,  it  will  find  in  its  wisdom,  and  in  the  re- 
ports now  enclosed,  of  the  minister  of  the  publick  contri- 
butions of  France,  measures  proper  to  answer  our  views* 
and  to  satisfy  our  wants. 

It  does  not  belong  to  me  to  judge,  if  the  President  of 
the  United  States  is  invested  with  powers  sufficient  to  ac- 
cede to  our  request,  without  the  concurrence  of  the  legis- 
lative body :  but  I  will  permit  myself  to  observe  to  you, 
sir,  that  the  last  anticipated  payments,  which  took  place, 
prove  it,  and  that  this  question  appears  equally  decided  by 
the  act  of  Congress,  which  authorizes  the  executive  power 
not  to  change  the  order  of  the  reimbursements  of  the 
foreign  debt  of  the  United  States,  unless  it  shall  find  therein 
an  evident  advantage.  Now  what  advantage  more  sensi- 
ble can  we  offer  to  you,  than  that  of  discharging  your  debt 
to  us  with  your  own  productions,  without  exporting  your 
cash,  without  recurring  to  operations — the  burdensome 
operation  of  bankers  ?  It  is  furnishing  you,  at  the  same 
time,  with  the  means  of  paying  your  debts,  and  of  enrich- 
ing your  citizens ;  in  short,  it  is  to  raise  the  value  of  your 
productions,  and  consequently  of  your  lands,  in  establish- 
ing a  necessary  competition  between  us  and  a  nation 
which  has  in  a  measure  resumed  with  a  great  deal  of  art 
and  of  sacrifices,  the  monopoly  of  your  own  productions. 
It  is  time,  sir,  that  this  commercial  revolution,  which  I 
consider  the  completion  of  your  immortal  political  revolu- 
tion, should  accomplish  itself  in  a  solid  manner ;  and 
France  appears  to  me  to  be  the  only  power  which  can 
operate  this  incalculable  good.  She  desires  it  ardently. 
The  wise  arrangements,  of  which  I  have  now  given  you 
an  account,  are  the  proof  of  it.  It  remains  then  with  your 
government  to  second  the  views  which  are  suggested  to  us 
by  our  constant  friendship  for  our  brethren  the  Americans, 
and  by  the  desire  we  have  to  strengthen  the  bonds  which 
unite  us  to  them.  It  will  be  a  pleasing  duty  to  me,  sir,  to 
conform  myself,  in  the  administration  which  is  confided  to 


State  papers'.  o$ 

me,  to  these  sentiments  of  the  French  nation,  for  all  the 
United  States ;  and  in  order  that  every  one  of  them  may- 
participate  in  the  extension  of  our  commercial  relations,  I 
will  take  care  to  distribute  my  purchases  among  the  diffe- 
rent states  of  the  Union,  as  much  as  the  natural  produc- 
tions of  their  soil  and  the  nature  of  their  commerce,  will 
permit.  I  will  neglect  no  means,  moreover,  in  order  that 
the  modes  of  purchase  prescribed  to  me,  may  enable,  not 
only  the  American  and  French  merchants,  but  also  the 
landholders  and  farmers  to  take  advantage  of  the  benefits 
which  may  result  from  our  puMiases.  GENET. 

TRANSLATION. 

AMERICAN    DEBT,    E1RST    REPORT. 

Citizen  Genet,  minister  of  the  French  Republick  to 
the  United  States  of  America,  has  been  charged  by  the 
provisory  executive  council,  to  solicit  the  American  go- 
vernment, for  the  payment  of  the  sums  remaining  due  to 
France  by  the  said  States,  though  all  the  terms  stipulated 
for  the  reimbursement  have  not  yet  expired. 

The  provisory  executive  council  were  led  to  this  reso- 
lution, 

1 .  By  the  extensive  wants  of  the  Republick,  as  well  in 
subsistence  for  interior  consumption,  as  for  warlike  stores 
and  provisions  required  for  the  army  by  sea  and  land. 

2.  From  the  convenience  with  which  a  part  of  these 
stores  and  provisions  may  be  purchased  in  the  different 
markets  of  the  United  States. 

3.  From  the  advantage  which  the  Republick  would  find 
in  making  these  purchases  in,  and  with  the  moneys  arising 
from  the  American  debt. 

4.  In  fine,  from  the  consideration  that  the  United  States 
might  find  it  convenient  to  anticipate  the  reimbursements 
of  the  moneys  due  to  France,  when  they  were  to  be  em- 
ployed within  themselves  in  purchasing  the  productions 
of  their  soil. 

In  consequence,  the  citizen  Genet  has  concerted  with 
the  ministers  of  the  interior,  of  war,  of  the  marine,  and  of 
foreign  affairs,  in  order  to  obtain  a  statement  of  the  ex- 
penses of  their  several  departments.  According  to  this, 
the  funds  to  be  disposed  of  by  citizen  Genet,  will  amount 
to  about  seventeen  millions  of  livres  tournois,  a  sum  uot 


&4  AMERICAN 

equal  to  the  whole  of  the  balance  due  by  the  United  States 
to  France. 

But  here  two  questions  arise  with  citizen  Genet — 

1st.  Hoav  to  arrange  the  matter  so  as  that  this  sura  shall 
be  properly  accounted  for  in  the  national  treasury,  through 
which  it  ought  to  pass  ? 

And  supposing,  secondly — That  the  purchases  of  war- 
like stores  and  provisions  are  indispensable,  and  ought  to 
be  made  and  expedited  to  France  with  celerity,  the  minis- 
ter Genet  desires  to  know  how  the  money  can  be  replaced, 
in  case  the  American  government  should  refuse  to  antici- 
pate the  reimbursements  ? 

Observations. — — 1st.  On  the  Consistency. 

Supposing  that  the  United  States  should  consent  to  an- 
ticipate their  reimbursements ;  they  may  do  so,  in  two 
ways— 

By  sonantes*  or  bank  notes  for  the  same  term  ; 

Or  by  state  securities  on  interest,  and  reimbursable  on 
a  given  term. 

The  first  of  these  is  accompanied  with  no  difficulty. 
The  minister  Genet  will  furnish  his  assignments  or  notes 
on  the  treasury  of  the  American  government,  for  the  war- 
like stores  and  provisions,  and  other  pressing  wants,  for 
expenses  relative  to  the  support  of  consuls — for  extraordi- 
nary and  secret  purposes  of  embassy — and  for  victualing 
and  refitting  vessels.  These  notes  will  be  stamped  by  the 
department  of  the  ministry,  upon  the  compatibility  of  whom 
they  will  have  been  furnished  ;  the  American  treasury  will 
return  them  into  the  French  treasury,  in  payment  of  the 
debt  of  the  United  States ;  when  they  will  be  passed  to 
the  credit  of  the  said  States ;  and  to  the  debit  of  each 
department  of  the  ministry  whence  they  issued,  or  whose 
stamp  they  bear,  as  a  part  of  the  sums  allowed  by  the  Na- 
tional Convention  to  each,  for  their  expenses. 

The  method  in  the  second  place  should  be  the  same, 
because  the  minister  Genet  will  not  accept  state  securities 
of  the  American  government,  unless  he  can  make  use  of 
them  as  ready  money,  of  which  he  is  to  assure  himself  be- 
fore the  conclusion  of  any  transaction  on  either  side. 

Then  the  receipts  which  the  minister  Genet  will  furnish 
the  American  government,  with  the  stamp  of  the  depart- 
ment for  which  their  value  shall  have  been  employed, 
*  Bills  of  Exchange. 


STATE  PAPERS.  55 

shall  have  the  same,  effect  with  regard  to  this  government 
and  the  French  treasury,  as  if  their  value  had  been  paid 
in  specie* 

It  might  happen  that  the  state  securities  which  the  mi- 
nister Genet -should  receive  instead  of  ready  money,  as 
above  mentioned,  may  lose  something  of  their  value  by 
depreciation,  but  then  this  loss  is  to  be  carried  to  the 
debit  side  of  the  account,  which  the  minister  Genet  will 
furnish,  of  the  manner  in  which  they  shall  have  been  em- 
ployed, for  the  departments  of  the  interior,  of  war,  of  the 
marine,  and  of  foreign  affairs. 

2d.  In  case  the  American  government  should  not  consent 
to  any  anticipation  in  the  payment  of  the  debt  of  the  United 
States  to  France, 

There  are  but  two  methods  to  provide  for  this  improba- 
ble contingency — if  we  can  suppose  that  the  United  States 
have  any  interest  in  acknowledging  the  French  Republick, 
and  living  on  friendly  terms  with  her. 

Even  admitting  that  we  could  not  reckon  on  the  good 
willof  the  United  States,  the  situation  of  the  finances  or 
the  excessive  dearness  of  the  metals,  in  comparison  to 
notes,  not  permitting  us  to  export  a  large  sum  of  dollars  to 
America,  we  should  be  obliged  to  make  use  of  draughts  on 
Europe  :  they  must  be  either  on  London  and  Amsterdam, 
by  the  help  of  a  credit  to  be  obtained  for  citizen  Genet, 
and  of  which  he  must  give  information  in  America,  or  upon 
the  national  treasury  of  France  itself. 

The  English  government  having  determined  to  make  war 
on  us,  the  first  method  cannot  and  ought  not  to  be  made  use 
of. — It  would  be  not  only  impossible  to  obtain  a  credit  to 
the  end  of  our  operations,  but  it  would  be  attended  with 
great  expense,  from  the  low  state  of  exchange  occasioned 
by  the  war.  The  only  resource  then  remaining,  would  be 
to  furnish  orders  on  the  national  treasury :  but  if  these 
should  enjoy  the  credit  which  they  merit,  there  is  reason 
to  believe,  that  the  Americans  would  still  prefer  them  for 
assignments  of  the  debt  of  the  United  States.  So  that  it 
is  very  probable,  that  this  means  of  managing  the  matter 
in  America,  the  best  the  Republick  is  at  present  capable 
of  devising,  is  that  on  which  the  executive  council  ma) 
with  greatest  safety  rely,  unless  the  United  States  would 
wish  to  render  themselves  hostile  towards  the  Republick. 
which,  from  every  appearance  is  unlikely  to  bo  the- case. 


56  AMERICAN 

But  it  is  proper  we  should  provide  for  every  contingency^ 
the  omission  of  which  might  cause  citizen  Genet  embar- 
rassment ;  therefore,  the  minister  of  publick  contributions 
proposes  to  the  provisory  executive  council  the  following 

DECISION. 

The  national  treasury  will  furnish  citizen  Genet  with  a 
declaration  in  writing,  authorizing  him  to  employ  agreea- 
bly to  the  orders  of  the  ministers  of  the  interior,  of  war, 
of  the  marine,  and  foreign  affairs,  the  sums  he  shall  receive 
from  the  government  of  the  United  States,  on  account  of 
the  debt  due  to  France,  or  the  complete  balance  thereof, 
as  well  principal  as  interest,  in  conformity  to  the  instruc- 
tions given  to  citizen  Genet,  on  that  subject. 

The  national  treasury  will  authorize  the  citizen  Genet 
to  furnish  or  cause  to  be  furnished  upon  his  banker,  bills 
of  exchange  drawn  at  two  months,  sight,  to  the  amount  of 
the  sums  requisite  for  the  payment  of  subsistence,  warlike 
stores,  and  other  expenses  of  those  ministers.  The  said 
bills  of  exchange  should  be  employed  to  make  up  the  said 
payments  only  in  case  citizen  Genet  should  not  be  able 
to  do  so,  either  in  whole  or  in  part,  with  the  funds  arising 
from  the  American  debt,  which  he  is  charged  to  negotiate. 

And  in  fine,  in  order  to  induce  the  United  States  t® 
make  this  reimbursement,  in  case  they  should  not  be  able 
to  effect  it,  either  in  whole  or  in  part,  with  specie,  the  citizen 
Genet  is  authorized  to  accept  it  from  the  American  govern- 
ment in  such  state  notes,  bearing  interest,  as  shall  be  re- 
ceived at  par,  by  the  persons  to  whom  citizen  Genet  may 
have  payments  to  make  on  account  of  the  Republick.  The 
orders  which  citizen  Genet  shall  furnish  on  the  treasury 
of  the  United  States,  in  exchange  for  specie  or  state  notes, 
shall  carry  in  their  faces  the  declaration  of  the  department 
for  which  they  shall  have  been  employed :  the  treasurer 
of  the  United  States,  after  discharging  their  amount,  shall 
send  them  to  the  French  treasury,  where  they  will  be  re- 
ceived as  so  much  ready  money,  in  discharge  of  the  debt 
of  the  United  States,  and  as  expenditures  in  part  of  the 
sums  allowed  by  the  National  Convention  to  the  three  de- 
partments designated  in  the  orders, — The  bills  of  exchange 
on  the  national  treasury,  shall  in  the  same  manner  bear 
the  stamp  of  the  ministerial  department,  for  the  expense  of 
which  they  have  been  furnished,  and  shall  be  charged  by 


STATE  PAPERS.  57 

the  national  treasury,  on  account  of  the  sum  allowed  by 
the  National  Convention  to  the  said  department. 

The  citizen  Genet  shall  transmit  to  each  minister  pro- 
per statements,  supported  with  vouchers,  as  well  of  the 
use  made  of  the  funds  agreeably  to  his  orders,  as  of  the 
manner  in  which  he  shall  have  procured  them. 

In  case  the  citizen  Genet  shall  have  received  from  the 
American  government,  bills  or  state  securities  in  reim- 
bursement of  the  debt  of  the  United  States,  which  he 
could  not  pass  without  some  sacrifice ;  the  loss,  in  that 
case,  shall  be  considered  as  part  of  the  expenses  of  pur- 
chase, transportation,  or  payments,  confided  to  him. 

Should  the  council  approve  of  this  decision,  a  copy 
thereof  shall  be  sent  to  the  citizen  Genet,  certified  by  the 
secretary  of  the  council,  as  well  as  the  ministers  of  the 
interior,  of  war,  of  the  marine,  and  of  foreign  affairs. 

Paris,  the  2d  Jan.  1 793 — the  2d  year  of  the  Republick. 
The  present  memoire  has  been  read  and  approved  in 
the  provisory  executive  council,  the  4th  of  Jan. 
1 793 — in  the  2d  year  of  the  Republick. 

The  Secretary  of  the  Council,  GROUVELLE. 

Le  Brun,  Minister  for  Foreign  Affairs. 

I  hereby  certify,  that  the  foregoing  is  a  true  copy  from 
the  original  in  my  possession. — Philadelphia,  22d  May. 
1793 — in  the  second  year  of  the  Republick. 

The  Minister  of  the  French  Republick,         GENET. 

TRANSLATION. 

Extract  from  the  Registers  of  the  deliberations  of  the  pro- 
visory executive  council,  of  the  4th  Jan.  1793 — in  the 
2d  year  of  the  Republick. 

The  minister  for  foreign  affairs,  having  informed  that 
the  citizen  Genet,  appointed  minister  plenipotentiary 
from  the  French  Republick  to  the  Congress  of  the  United 
States  of  America,  and  that  it  would  be  necessary  for  the 
council  to  decide  definitively  on  his  instructions  for  the 
fulfilment  of  his  mission. 

The  draught  of  the  same  was  accordingly  road — the 
council  in  adopting  it,  declares  that  the  copy  thereof  for 
citizen  Genet  shall  be  signed  by  the  President,  and  coun- 
tcT-signcd  by  the  minister  for  foreign  affairs. 
vor..   r.  8 


58  AMERICAN 

After  which  the  executive  council,  wishing  to  deter- 
mine the  form  in  which  the  full  powers  given  to  citizen 
Genet  shall  be  exercised  relatively  to  the  general  direc- 
tion of  consular  business,  according  to  the  present  ideas 
of  the  minister  of  the  marine  and  of  foreign  affairs,  who 
have  observed  the  necessity  of  a  new  organization  of  the 
consulates  and  vice-consulates  in  America,  has  considered 
and  resolved  on  the  following,  which  shall  serve  as  in- 
structions to  citizen  Genet,  for  whatever  may  concern 
this  part  of  his  mission,  and  of  which  also  a  copy  signed 
by  the  president  of  the  council  and  counter-signed  by  the 
minister  of  the  marine,  shall  be  given  him.  Here  follows 
the  instruction  concerning  the  general  affairs  of  the  con- 
sulates and  vice-consulates  of  North  America.* 

The  executive  council  then  took  into  consideration  the 
particular  mission  of  citizen  Genet,  minister  plenipoten- 
tiary from  the  Republick  of  France  to  the  Congress  of  the 
United  States,  on  the  subject  of  negotiation  relative  to 
the  reimbursement  of  the  sums  due  or  that  may  become  due 
of  the  debt  due  by  the  United  States  to  the  French  Re- 
publick. An  account  was  given  of  the  different  disposi- 
tions and  steps  already  taken  for  this  purpose.  It  was 
observed  that  considering  the  utility  of  applying  the  pro- 
duct of  the  reimbursements  which  may  be  effected  through 
Congress,  to  the  purchase  of  warlike  stores  and  provi- 
sions, which  it  may  be  convenient  to  the  Republick  to 
procure  in  the  different  markets  of  the  United  States ; 
that  the  citizen  Genet,  had  concerted  on  this  head  with 
the  ministers  of  the  interior,  of  war,  of  the  marine,  and  of 
foreign  affairs,  in  order  to  determine  the  mass  of  the 
funds,  confided  to  him  for  these  purchases — but  that  se- 
veral points  occurred,  which  required  to  be  definitively 
settled  by  the  council,  either  as  to  the  forms  of  compati- 
bility, or  the  supplying  of  any  deficiency  in  those  funds, 
in  case  the  American  government  should  not  realize  its 
reimbursements  in  proportion  to  the  purchases  made  on 
account  of  the  Republick. 

Whereupon  the  provisory  executive  council,  after  hav- 
ing heard  and  discussed  the  reports  and  measures  pre- 
sented by  the  minister  of  contributions,  agree  upon  the 
following : 

*  This  instruction  is  deposited  in  the  office  of  the  minister  for  foreign  af- 
fairs, and  a  certified  copy  thereof  has  been  delivered  to  citizen  Genet.      G. 


STATE  PAPER8.  59 

1st.  The  citizen  Genet  shall  be  authorized  to  employ, 
agreeably  to  the  orders  of  the  minister  of  the  interior,  of 
war,  of  the  marine  and  foreign  affairs,  the  sums  which  may 
be  paid  to  him  on  account  of  the  debt  due  by  the  United 
States,  to  France,  or  the  whole  reimbursement  thereof. 

2d.  In  order  to  facilitate  these  reimbursements,  the 
citizen  Genet,  in  case  he  shall  not  be  able  to  obtain  them 
in  specie,  may  accept  them  in  such  state  notes  as  shall  be 
remitted  to  him  by  the  American  government,  and  receiv- 
ed as  ready  money,  by  the  persons  to  whom  citizen  Genet 
may  have  payments  to  make  on  account  of  the  Republick. 

3d.  The  orders  which  the  citizen  Genet  shall  furnish 
upon  the  treasury  of  the  United  States,  in  exchange  for 
their  value,  shall  indicate  the  department  on  account  of 
which  they  may  be  drawn.  The  treasury  of  the  United 
States,  after  discharging  these  orders,  shall  transmit  them 
to  the  treasury  of  the  French  Republick,  where  they  shall 
be  considered  as  so  much  money,  in  discharge  of  the  debt 
of  the  United  States,  and  as  making  a  part  of  the  sums 
placed  by  the  National  Convention  to  the  disposition  of 
the  ministerial  departments  designated  in  the  orders. 

4th.  In  case  the  reimbursements  of  the  United  States 
should  not  be  effected  in  time,  or  a  sum  sufficient  obtain- 
ed— the  citizen  Genet  shall  be  authorized  to  furnish  on 
the  general  banker  of  the  national  treasury,  bills  of  ex- 
change, at  two  months'  sight,  to  the  amount  of  the  sums 
directed  to  be  employed  by  him  in  the  payment  of  provi- 
sions, warlike  stores  and  other  expenses  ordered  by  the 
said  ministers.  These  bills  of  exchange,  as  well  as  the 
orders,  shall  be  stamped  with  the  name  of  the  ministerial 
department,  on  account  of  which  they  shall  have  been  fur- 
nished, in  order  that  the  national  treasury  may  debit  each, 
with  the  sum  expended  on  its  account. 

5th.  The  citizen  Genet  shall  furnish  each  minister  with 
a  proper  statement,  accompanied  with  vouchers  in  support 
of  it,  as  well  of  the  application  of  the  funds,  conformably 
to  his  orders,  as  of  the  manner  in  which  he  shall  have  ob- 
tained  them. 

6th.  In  case  the  citizen  Genet  shall  have  received  from 
the  American  government,  bills  or  state  securities,  (botts 
d'etat)  in  reimbursement  of  the  debt  of  the  United  States. 
which  he  could  not.  pass  without  some  sacrifice,  the  los^ 


60  AMERICAN 

in  that  case  shall  be  considered  as  part  of  the  expenses  of 
purchases,  transportation  or  payments  confided  to  him. 

7th.  A  certified  extract  of  this  deliberation  shall  be 
given  to  the  committee  of  the  national  treasury,  to  enable 
them  to  concur  in  expediting  the  above  mentioned  arrange- 
ments ;  and  in  order  thereto,  to  furnish  the  citizen  Genet 
with  declarations  and  powers  sufficient  to  ensure  the  suc- 
cess of  the  important  operations  with  which  he  is  charged. 
Duplicate  conformable  to  the  register, 

Grouvelle,  Secretary  of  the  Council. 

I  hereby  certify  that  the  aforegoing  is  a  true  copy  from 
the  original  in  my  possession. 

The  Minister  from  the  French  Republick,  to  the  United 
States  of  America,  GENET. 


TRANSLATION. 

AMERICAN    DEBT,    SECOND    REPORT. 

Report  of  the  Minister  of  publick  contributions,  on  the  liqui- 
dation of  the  American  Debt. 

The  approaching  departure  of  the  citizen  Genet,  on 
his  embassy  to  the  United  States  of  America,  requires  that 
the  provisory  executive  council  should  again  take  up  the 
subject  of  the  debt  due  by  the  United  States  to  the  Re- 
publick of  France. 

I  have  given  information  to  citizen  Genet  of  the  offers 
made  by  Colonel  Smith  of  New- York,  to  procure  to  the 
Republick  not  only  the  reimbursement  of  what  remains 
due  from  the  United  States,  although  not  yet  payable,  but 
for  the  application  of  it,  either  for  supplies  for  the  army, 
or  wheat,  flour  and  salted  ^provisions  in  augmentation  of 
our  internal  supplies. 

Colonel  Smith  has  gone  to  England,  and  has  left  no 
Other  accounts  relative  to  the  operations  he  proposed  to 
enter  upon ;  so  that  all  is  reduced  to  the  preliminaries  of 
the  negotiation. 

These  preliminaries  consist  of  a  letter  from  the  minis- 
ter of  publick  contributions  of  the  7th  of  November  last  to 
Colonel  Smith,  after  having  been  referred  to  the  executive 
council. — It  contains, 

1st.  An  extract  from  the  registers  of  the  council,  ap- 
proving the  offers  of  Colonel  Smith. 


STATE  PAPERS.  61 

2d.  The  account  current  of  the  United  States  with  the 
French  Republick,  and  that  of  the  interest  to  the  *lst  of 
January  next. 

3d.  Statement  of  the  loss  which  the  national  treasury 
would  sustain  on  the  reimbursements  which  it  has  received* 
from  the  United  States  of  America,  if  they  are  not  held 
accountable  for  the  difference  between  the  assignats  which 
it  received  and  the  specie. 

4th.  An  approbation  of  the  reduction  to  sterling  money 
of  the  sum  due  to  the  French  Republick  at  the  rate  of  21s. 
or  one  guinea  for  25  livres,  10  sous,  French  money,  as 
Colonel  Smith  was  to  obtain  it,  which  sum,  consisting  of 
the  capital  due,  of  the  interest  up  to  the  1st  of  January 
next,  and  the  loss  on  payments  already  made,  was  to  be 
paid  at  London. 

5th.  The  approbation  of  the  price,  and  conditions  on 
which  Colonel  Smith  offered  to  furnish  firelocks,  deliver- 
able at  Dunkirk,  agreeably  to  samples  to  be  sent  there  by 
him. 

I  have  transmitted  a  copy  of  all  these  papers  to  citizen 
Genet,  to  whom  the  accounts  will  prove  useful  in  negoti- 
ating the  reimbursement  of  the  debt  of  the  United  States, 
and  the  sums  arising  from  the  reimbursement  for  the  ne- 
cessities of  the  Republick. 

The  citizen  Genet  will  observe  that  the  amount  will 
have  been  diminished  on  his  arrival  in  the  United  States, 
|f  we  calculate  the  advances  made  by  the  federal  treasury, 
on  the  requisition  of  citizen  Ternant,  to  satisfy  the  de- 
mands of  cash  and  provisions  made  at  Philadelphia,  by 
the  administrators  of  the  French  part  of  St.  Domingo ; 
advances  which  the  federal  treasury  will  of  course  count 
as  so  much  of  the  balance  due  by  the  United  States  to  the 
Republick  of  France. 

The  citizen  Genet  afterwards  requested  instructions  ns 
well  with  respect  to  the  conditions  on  which  he  should 
accept  the  reimbursement  he  hopes  to  obtain  from  the 
American  government,  as  to  the  employment  of  the  sums 
which  shall  be  delivered  to  him. 

OBSERVATIONS. 

There  can  be  no  doubt  but  that  the  American  govern- 
ment will  be  liberal  towards  France,  and  not.  reap  a  bene- 
fit from  acquitting  itsrlf  with  ngsignars.     However  as  a 


G2  AMERICAN 

part  of  the  debt  yet  unpaid,  is  not  become  due,  and  a  law- 
relative  to  the  acquitment  of  this  debt  prescribes  to  the 
executive  power  of  America,  not  to  anticipate  any  pay- 
ment unless  upon  advantageous  terms  for  the  United  States  ; 
it  appears  that  this  ought  to  be  fulfilled  previous  to  the 
executive's  entering  into  a  negotiation. 

This  is  at  least  the  result  of  a  letter  written  by  Secre- 
tary Hamilton  on  the  7th  of  March  last,  to  the  citizen 
Ternant.  He  observes  to  that  ambassador  that  the  sums 
lent  by  France,  were  borrowed  in  Holland  ;  that  six  months 
elapsed  between  the  time  of  obtaining  the  money  at  Am- 
sterdam, and  its  receipt  at  the  treasury  in  America  ;  and 
that  the  interest  paid  during  that  term  was  a  dead  loss. 
But  this  loss  can  have  no  relation  to  France.  The  inte- 
rest is  due  to  her,  from  the  moment  of  the  payment,  and 
payment  was  made  the  instant  that  the  money  was  lodged 
at  Amsterdam  to  the  diposal  of  the  Americans. 

This  object  does  not  appear  then  to  give  rise  to  any 
compensation,  and  without  doubt  the  American  treasury 
will  think  it  proper  to  hold  to  the  advantage  the  law  re- 
quires for  authorizing  the  anticipation  of  the  payments, 
which  the  United  States  are  obliged  to  make  to  France. 

The  law  does  not  specify  this  advantage.  What  should 
it  be  ?  The  employment  of  the  money  on  account  of  the 
French  Republick  within  the  United  States,  is  a  very 
great  advantage  for  them,  and  this  employment  arises  from 
circumstances  which  probably  would  no  longer  exist,  if 
the  American  treasury  should  refuse  to  anticipate  reim- 
bursements. The  advantage  here  is  real ;  it  consists  not 
only  in  a  considerable  exportation  of  American  produce, 
which  will  be  paid  for  with  those  anticipated  reimburse- 
ments ;  but  also  in  the  arrangements  which  the  American 
government  may  take  by  means  of  State  notes,  negotiable 
in  America  itself. — Arrangements  which  would  relieve  her 
from  all  financial  operations  in  Europe,  for  the  purpose  of 
acquitting  themselves  even  in  France,  where  the  United 
States  are  obliged  to  make  payment. 

And  the  employment  of  those  sums  in  America,  due  to 
the  French  Republick,  so  convenient  to  the  United  States 
in  the  present  circumstances,  would  suit  the  convenience 
of  the  Republick. 

The  minister  for  foreign  affairs  has  already  ordered  a 
purchase  of  grain,  flour,  and  salted  provisions  to  the  value 


STATE  PAPERS.  63 

of  three  millions  of  livres  on  account  of  the  American  debt, 
and  this  purchase  could  not  be  paid  for  more  advanta- 
geously than  in  this  manner. 

It  would  be  convenient  to  the  Republick  to  give  further 
commissions  for  grain,  even  to  the  amount  of  the  balance 
due  by  the  United  States  ;  nor  could  this  be  blameable,  as 
every  circumstance  concurs  in  inviting  the  provisory  ex- 
ecutive council  to  provide  the  republick  with  large  sup- 
plies of  provisions,  and  promptly,  and  whether  in  respect 
to  the  market  or  the  payment,  nothing  could  at  this  mo- 
ment be  more  beneficial  to  America,  and  no  money  ob- 
tained easier  than  that  with  which  the  United  States  could 
pay  us. 

The  sum  to  be  disposed  of  will  not  perhaps  prove  so 
considerable  as  were  to  be  wished,  considering  the  wants 
of  the  French  colonies,  which  undoubtedly  will  have  oc- 
casioned new  demands  to  be  made  at  Philadelphia,  since 
those  acquitted  by  the  citizen  Ternant,  of  the  moneys  re- 
mitted to  him  by  the  Federal  treasury,  as  is  stated  in  his 
letter  of  the  9th  of  March. 

It  remains  to  speak  of  the  conditions  on  which  the  Ame- 
rican government  would  exonerate  itself  towards  the  Re- 
publick ; — those  proposed  by  secretary  Hamilton,  in  his 
letter  Nof  the  23d  of  June,  1792,  to  the  minister  plenipo- 
tentiary of  France. 

He  reminds  us  that  it  has  already  been  agreed,  between 
the  French  government  and  the  United  States,  warlike 
stores  (munitions)  furnished,  and  the  payments  made  and 
to  be  made  in  the  United  States,  on  account  of  the  debt  due 
to  France,  should  be  liquidated  agreeably  to  the  intrinsick 
value  of  the  metals  in  the  two  countries. 

This  agreement  is  the  most  equitable  that  could  possibly 
be  entered  into,  when  we  consider  that  France  should  be 
paid  at  her  own  treasury,  agreeably  to  the  above  method 
of  calculation,  the  expense  of  transportation  of  the  metal* 
from  America  to  France,  and  the  insurance.  But  by  an- 
ticipation of  reimbursement,  this  bonification,  would  bo 
abandoned. 

In  consequence  of  this  convention,  secretary  Hamilton 
fixes  the  quantity  of  pure  gold  and  pure  silver  contained 
in  a  Louis  and  French  crown :  he  compares  them  with  the 
quantity  of  the  ,same  matters  contained  agreeably  to  law 
in  a  dollar:  and  concludes  (errours  in  information  or  cat- 


64  AMERICAN 

culation  excepted)  that  a  French  Iivre  is  equal  to  eighteen 
15-100  cents  of  money,  equal  to  the  hundredth  part  of  a 
dollar. 

It  is  upon  this  principle  he  proposes  to  convert  our 
French  livres  into  the  dollars,  which  will  be  delivered  in 
the  United  States  to  the  French  agents  authorized  to 
transact  this  business. 

I  think  "this  reduction  still  more  advantageous  to  the 
Republick,  than  the  promise  made  by  Colonel  Smith,  in 
case  we  should  obtain  anticipated. reimbursements.  Be  it 
as  it  may,  we  cannot  refuse  it ;  and  doubtless  secretary 
Hamilton  takes  for  granted,  that  all  the  articles  of  the  ac- 
count current,  between  the  French  Republick  and  the 
United  States,  will  be  turned  into  dollars  agreeably  to  this" 
standard.  This  account  is  in  the  possession  of  citizen 
Genet — it  is  necessary  only  to  make  it  out  in  two  columns 
on  the  debit  and  credit  sides — to  wit — an  inner  column 
for  the  French  livres,  and  an  outer  column  for  the  Ameri- 
can dollars. 

The  account  of  interest  should  be  made  without  this — 
fixing  an  epoch  posterior  to  the  1st  of  January,  1793,  for 
closing  the  same,  after  the  arrival  of  citizen  Genet,  which 
cannot  be  so  early  as  that  date. 

Thus  the  account  current,  of  which  he  is  the  bearer,  will 
serve  him  only  as  a  note  fixing  the  dates  and  sums  by 
which  another  account  of  capital  and  interest  may  be  made 
.out,  and  the  conversion  of  each  article  therein,  into  dol- 
lars, will  do  away  the  necessity  of  an  account  of  losses  by 
exchange.  The  reimbursements  made  and  not  comprised 
in  this  account  are  to  be  added  to  it. 

This  brings  me  to  the  observations  which  I  was  induced 
to  make  in  reply  to  those  of  citizen  Genet,  relative  to  the 
liquidation  and  reimbursement  of  the  American  debt,  and 
therefore  propose  to  the  council,  the  following 

DECISION. 

That  the  citizen  Genet,  minister  plenipotentiary  of  the 
Republick  to  the  United  States  of  America,  be  charged  by 
the  provisory  executive  council,  to  solicit  from  the  Ameri- 
can government  the  reimbursement  of  the  balance  remain- 
ing due,  capital  and  interest,  by  the  United  States  to  the 
French  Republick. 

That  he  assign  as  a  reason  for  this,  the  pressing  necessi- 
ties of  .the  Republick,  occupied  in  the  defence  of  its  liberty 


STATE  PAPERS.  65 

■and  independence,  as  the  United  States  defended  theirs 
when  this  sum  was  lent  to  them. 

That,  as  a  law  of  the  United  States  authorizes  the  Fed- 
eral government  to  make  these  reimbursements  by  antici- 
pation only,  in  case  of  an  advantage  resulting  to  the  Unit- 
ed States,  by  so  doing,  the  citizen  Genet,  promise  to  the 
government,  that  the  whole  sum  delivered  to  him,  shall  be 
employed  in  the  purchase  of  supplies  the  growth  of  the 
United  States,  purchased  and  paid  for  within  the  same. 

That,  as  the  United  States  wish  to  reimburse  what  they 
owe  to  France,  without  reaping  advantage  therefrom  in 
any  manner,  from  the  present  state  of  exchange,  the  citi- 
zen Genet  be  authorized  to  consent  to  a  conversion  ot 
French  livres  into  dollars,  upon  the  rule  fixed  upon,  viz. — 
the  quantity  of  pure  gold  and  pure  silver,  contained  in  a 
Louis,  and  in  a  French  crown,  and  in  the  American  dol- 
lars, agreeably  to  the  laws  of  both  countries,  fixing  the 
value  of  those  coins. 

That  the  citizen  Genet  employ  the  sums  he  shall  receive 
from  the  American  government,  agreeably  to  the  disposi- 
tions for  that  purpose  made  in  concert  between  the  minis- 
ters of  Avar,  of  the  marine,  and  of  foreign  affairs. 

And  that  certified  copies  of  this  report,  of  the  observa- 
tions, and  of  the  decision,  shall  be  transmitted  to  the  citi- 
zen Genet,  for  his  instructions. 

Read  and  approved,  in  the  provisory  executive  council 
at  Paris,  the  4th  of  January,  1793 — in  the  2d  year 
of  the  French  Republick. 

MONGE,  President. 
Le  Brun,  Minister  for  Foreign  Affaire. 

TRANSLATION. 

NATIONAL    TREASURY. 

Copy  of  a  Letter  written  by  the  Commissioners  of  the  Na- 
tional Treasury,  to  the  President  of  the  Provisory  Execu- 
tive, Council. 

Citizen  President, 

We  have  received  the  extract  which  the  provisory  ex- 
ecutive council  have  addressed  to  us  of  their  deliberation 
of  the  4th  of  the  present  month,  by  which  the  citizen  Ge- 
net, minister  from  the  Republick  to  the  United  States  of 
America,  is  authorized  to  make  use  of  the  sums  which  the 
•Congress  may  be  able  to  pay  of  the  debt  due  by  the  Unit- 
voi,.  i.  9 


66  AMERICAN 

ed  States  to  France,  or  those  which  he  may  procure  on 
his  own  notes,  payable  by  the  cashier  of  the  National 
Treasury,  in  purchasing  provisions  and  warlike  stores 
agreeably  to  the  orders  which  shall  be  given  him  by  the 
ministers  of  the  interior,  of  war,  of  the  marine,  and  of 
foreign  affairs. 

To  concur  as  far  as  is  in  our  power,  and  according  to 
the  intentions  of  the  executive  council,  in  forwarding  the 
measures  pointed  out  in  the  deliberation,  we  have  the 
honour  to  assure  you,  citizen  president,  that  whatever 
sum  shall  be  sent  to  us  in  the  name  of  Congress,  of  the 
acquittances  or  orders  furnished  by  the  citizen  Genet,  to 
the  Treasurer  of  the  United  States,  and  indicating  the  de- 
partment of  the  French  ministry,  for  which  he  shall  have 
issued  them,  we  shall  immediately  advise  the  executive 
council  thereof,  in  order  that  we  may  be  enabled  to  credit 
the  American  Congress,  on  account  of  their  debt,  for  their 
amount. 

Should  the  reimbursements  which  Congress  may  make, 
prove  insufficient  to  answer  the  different  purposes  required 
by  the  ministers  of  the  Republick,  and  citizen  Genet,  to 
fulfil  his  mission,  be  obliged  to  recur  to  his  own  notes  pay- 
able at  two  months'  sight,  upon  citizen  Doyer,  general 
cashier  of  the  National  Treasury,  we  shall  examine  when 
presented,  and  immediately  refer  them  to  the  minister,  to 
whose  department  they  shall  relate,  in  order  that  in  the 
interval  between  their  examination  and  time  of  payment, 
the  ministers  may  have  the  proper  and  regular  authorities 
expedited  to  authorize  the  payment. 

As  our  functions  are  unconnected  in  a  direct  manner 
with  the  ministers  sent  by  the  Republick  to  the  different 
governments,  we  conceive  that  this  letter  answers  the  in- 
tentions manifested  by  the  executive  council  in  article  7, 
of  their  deliberations,  that  we  should  concur  in  the  dispo- 
sitions contained  therein.  Authenticated  copies  of  this 
letter,  expedited  in  the  name  of  the  executive  council  to 
the  minister  Genet,  will  give  him  sufficient  assurances,  for 
his  mission,  citizen  president,  of  all  the  facility  which 
can  be  derived  from  our  concurrence. 
We  are  with  respect,  &c. 

By  the  Commissioners  of  the  National  Treasury, 
Lermina,  Gaudin,  Devaine,  De  la  Fontaine, 
Saveeete  s,  et  Dutramblav. 

Paris,  8  January,  1793,  2d  year  of  the  French  Republick. 


STATE  PAPERS.  6J 

VV'e  the  undersigned  ministers  and  members  of  die  pro- 
visory executive  council  of  the  French  Republick,  certify 
that  the  above  are  the  signatures  of  the  Commissioners  of 
the  National  Treasury  of  the  Republick,  and  that  the  letter 
under  which  they  are  signed,  was  written  in  consequence 
of  the  mission  given  by  us  to  citizen  Genet,  minister  pleni- 
potentiary from  the  Republick  to  the  Congress  of  the 
United  States,  to  endeavour  the  reimbursement  of  the  debt 
due  from  the  United  States  to  France,  and  the  purchase 
of  provisions  in  the  several  markets  of  North  America. 
Done  in  the  Provisory  Executive  Council  at  Paris, 
the  17th  of  January,  1793,  in  the  2d  year  of  the 
French  Republick. 
The  members  composing  the  Provisory  Executive  Council, 
Claviere,  le  Brun,  Pache,  Roland,  Monge,  Garat. 
I  hereby  certify,  that  the  aforegoing  is  a  true  copy  from 
the  original  in  my  possession. 

The  Minister  Plenipotentiary  from  the  French  Re- 
publick, to  the  United  States  of  America. 

GENET. 


TRANSLATION, 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  French 
Republick,  to  Mr.  Jefferson,  Secretary  of  State  for  the 
United  States.  Philadelphia,  May  23,  1793,  2d  year  of 
the  Republick, 

Sir, — Single,  against  innumerable  hordes  of  tyrants 
and  slaves,  who  menace  her  rising  liberty,  the  French  na- 
tion would  have  a  right  to  reclaim  the  obligations  imposed 
on  the  United  States,  by  the  treaties  she  has  contracted 
with  them,  and  which  she  has  cemented  with  her  blood; 
but  strong  in  the  greatness  of  her  means,  and  of  the  power 
of  her  principles  not  less  redoubtable  to  her  enemies,  than 
the  victorious  arm  which  she  opposes  to  their  rage,  she 
conies,  in  the  very  time  when  the  emissaries  of  our  com- 
mon enemies  arc  making  useless  efforts  to  neutralize  the 
gratitude, — to  damp  the  zeal, — to  weaken  or  cloud  the 
view  of  your  fellow  citizens; — she  comes,  I  say, — that 
generous  nation; — that  faithful  friend,  1o  labour  still  1o 
increase  the  prosperity,  and  add  to  the  happiness  which 
^he  is  pleased  to  sec  them  enjoy. 

The  obstacles  raised  with  intentions  hostile  to  libcrtv. 


#S  AMERICAN 

by  the  perfidious  ministers  of  despotism ; — the  obstacles" 
whose  object  was  to  stop  the  rapid  progress  of  the  com- 
merce of  the  Americans,  and  the  extension  of  their  princi- 
ples, exist  no  more.  The  French  Republick,  seeing  in 
them  but  brothers,  has  opened  to  them  by  the  decrees  now 
enclose  J,  all  her  ports  in  the  .two  worlds  ; — has  granted 
them  all  the  favours  which  her  own  citizens  enjoy  in  her 
vast  possessions ; — has  invited  them  to  participate  the 
benefits  of  her  navigation,  in  granting  to  their  vessels  the 
same  rights  as  to  her  own ; — and  has  charged  me  to  pro- 
pose to  your  government,  to  establish  in  a  true  family 
compact,  that  is  in  a  national  compact,  the  liberal  and 
fraternal  basis,  on  which  she  wishes  to  see  raised  the  com- 
mercial and  political  system  of  two  people,  all  whose  in- 
terests are  confounded. 

I  am  invested,  sir,  with  the  powers  necessary  to  under- 
take this  important  negotiation,  of  which  the  sad  annals  oC 
humanity  offer  no  example  before  the  brilliant  era  at  length 
opening  on  it.  GENET. 

TRANSLATION. 

Decree  of  the  National  Convention,  ofldth  February,  1793, 
2d  year  of  the  French  Republick,  relative  to  produce  ex- 
ported and  imported  in  American  vessels,  to  the  colonies 
or  to  France. 

The  National  Convention,  after  having  heard  the  report, 
of  the  committee  of  general  defence — Decrees  as  follows : 
Art.  i.  That  all  the  ports  of  the  French  colonies  be 
open  to  vessels  of  the  United  States  of  America. 

Art.  ii.  That  all  produce  exported  or  imported  in 
American  vessels  on  going  out  or  entering  in  the  colonics 
or  in  France,  pay  the  same  duties  as  that  borne  by  French 
vessels. 

Art.  hi.  That  the  executive  council  be  authorized  to 
take  proper  measures  that  the  states  with  whom  the  Re- 
publick are  at  war,  do  not  reap  any  benefit  from  the  ad- 
vantages granted  to  friendly  powers. 

Art.  iv.  That  the  executive  power  negotiate  with  the 
Congress  of  the  United  States,  to  obtain  in  favour  of  the 
French  merchants,  a  like  reduction  of  the  duties  granted 
by  the  present  law  to  American  merchants,  and  thereby 
more  closely  cement  the  benevolent  ties  which  unite  die 
two  nations. 


STATE  PAPER'S.  G9 

Art.  v.  That  the  law  of  the  20th  of  August,  1790,  be 
suspended;  and  that  vessels  laden  with  merchandise  of 
the  East  Indies,  may  be  at  liberty  to  land  in  any  port  of 
the  Republick,  during  the  war ;  and  that  those  which  shall 
be  laden  with  the  productions  of  the  Isle  of  France,  and  of 
Bourbon,  shall  henceforward  enjoy  the  same  privilege. 

The  National  Convention  has  suspended  the  law  of  the 
15th  of  May,  1791,  which  inhibited  the  Americans  from 
introducing,  selling  and  arming  their  vessels  in  France, 
and  from  enjoying  all  the  advantages,  allowed  to  those 
built  in  the  ship  yards  of  the  Republick. 

Certified  to  be  conformable  to  the  decree  of  the  National 
Convention  of  France. 

The  Minister  Plenipotentiary  of  the  French  Republick, 

GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  M.  Ternant,  Minister 
Plenipotentiary  of  France.  Philadelphia,  May  15, 1793. 

Sir, — Having  received  several  memorials  from  the 
British  minister,  on  subjects  arising  out  of  the  present  war, 
I  take  the  liberty  of  enclosing  them  to  you,  and  shall  add 
an  explanation  of  the  determinations  of  the  government 
thereon.  These  will  serve  to  vindicate  the  principles  on 
which  it  is  meant  to  proceed,  and  which  are  to  be  applied 
with- impartiality  to  the  proceedings  of  both  parties.  They 
will  form,  therefore,  as  far  as  they  go,  a  rule  of  action  for 
them  and  for  us. 

In  one  of  these  memorials  it  is  stated,  that  arms  and 
military  accoutrements  are  now  buying  up  by  a  French 
agent  in  this  country,  with  an  intent  to  export  them  to 
France.  We  have  answered  that  our  citizens  have  always 
been  free  to  make,  vend  and  export  arms :  that  it  is  the 
constant  occupation  and  livelihood  of  some  of  them.  To 
suppress  their  callings,  the  only  means  perhaps  of  their 
subsistence,  because  a  war  exists  in  foreign  and  distant 
countries,  in  which  we  have  no  concern,  would  scarcely 
be  expected.  It  would  be  hard  in  principle  and  impossi- 
ble in  practice.  The  law  of  nations,  therefore,  respecting 
the  rights  of  those  at  peace,  has  not  required  from  them 
such  an  internal  derangement  in  their  occupations.  It  is 
satisfied  with  the  external  penalty  pronounced  in  (lit- 
President's  proclamation,  that  of  confiscation  of  such  por- 
tion of  these  arms  as  shall  fall  into  the  hands  of  anv  of  th». 


Xd  AMERICAN 

belligerent  powers,  on  their  way  to  the  ports  of  their  ene- 
mies. To  this  penalty  our  citizens  are  warned  that  they 
will  be  abandoned,  and  that  the  purchases  of  arms  here 
may  work  no  inequality  between  the  parties  at  war,  the 
liberty  to  make  them  will  be  enjoyed  equally  by  both. 

Another  of  these  memorials  complains  that  the  consul  of 
France,  at  Charleston,  has  condemned,  as  legal  prize,  a 
British  vessel  captured  by  a  French  frigate,  observing  that 
this  judicial  act  is  not  warranted  by  the  usage  of  nations, 
nor  by  the  stipulations  existing  between  the  United  States 
and  France.  It  is  true  that  it  is  not  so  warranted,  nor  yet 
by  any  law  of  the  land,  and  that  therefore  it  is  a  mere 
nullity,  can  be  respected  in  no  court,  make  no  part  in  the 
title  to  the  vessel,  nor  give  to  the  purchaser  any  other 
security  than  what  he  would  have  had  without  it ;  that 
consequently  it  ought  to  give  no  concern  to  any  person  in- 
terested in  the  fate  of  the  vessel.  While  we  have  con- 
sidered this  to  be  the  proper  answer,  as  between  us  and 
Great  Britain,  between  us  and  France,  it  is  an  act  to  which 
we  cannot  but  be  attentive.  An  assumption  of  jurisdic- 
tion by  an  officer  of  a  foreign  power,  in  cases  which  have 
not  been  permitted  by  the  nation  within  whose  limits  it 
has  been  exercised,  could  not  be  deemed  an  act  of  indif- 
ference. We  have  not  full  evidence  that  the  case  has 
happened ;  but  on  such  an  hypothesis,  while  we  should  be 
disposed  to  view  it  in  this  instance,  as  an  errour  in  judg- 
ment in  the  particular  officer,  wre  should  rely,  sir,  that  you 
would  interpose  efficaciously  to  prevent  a  repetition  of  the 
errour  by  him,  or  any  other  of  the  consuls  of  your  nation. 

Our  information  is  not  perfect  on  the  subject  matter  of 
another  of  these  memorials,  which  states  that  a  vessel  has 
been  fitted  out  at  Charleston,  manned  there,  and  partly  too 
with  citizens  of  the  United  States,  received  a  commission 
there  to  cruise  against  nations  at  peace  with  us,  and  has 
taken  and  sent  a  British  vessel  into  this  port.  Without 
raking  all  these  facts  for  granted,  we  have  not  hesitated  to 
express  our  highest  disapprobation  of  the  conduct  of  any 
of  our  citizens,  who  may  personally  engage  in  committing 
hostilities  at  sea  against  any  of  the  nations,  parties  to  the 
present  war ;  to  declare  that  if  the  case  has  happened,  or 
that  should  it  happen,  we  will  exert  all  the  means,  with 
which  the  laws  and  constitution  have  armed  us,  to  discover 
Hich  offenders  and  bring  them  to  condign  punishment. 


STATE  PAPERS.  71 

And  that  the  like  conduct  shall  he  observed,  should  the 
like  enterprises  be  attempted  against  your  nation,  I  am  au- 
thorized to  give  you  the  most  unreserved  assurances.  Our 
friendship  for  all  the  parties  at  war ;  our  desire  to  pursue 
ourselves  the  path  of  peace,  as  the  only  one  leading  surely 
to  prosperity,  and  our  wish  to  preserve  the  morals  of  our 
citizens  from  being  vitiated  by  courses  of  lawless  plunder 
and  murder,  are  a  security  that  our  proceedings  in  this 
respect,  will  be  with  good  faith,  fervour,  and  vigilance. 
The  arming  of  men  and  vessels  within  our  territory,  and 
without  consent  or  consultation  on  our  part,  to  wage  war 
on  nations  with  which  we  are  in  peace,  arc  acts,  which  we 
will  not  gratuitously  impute  to  the  publick  authority  of 
France  :  they  are  stated  indeed  with  positiveness  in  one  of 
the  memorials,  but  our  unwillingness  to  believe  that  the 
French  nation  could  be  wanting  in  respect  or  friendship  to 
us  on  any  occasion,  suspends  our  assent  to,  and  conclu- 
sions upon  these  statements,  till  further  evidence.  There 
is  still  a  further  point  in  this  memorial,  to  which  no  answer 
has  yet  been  given. 

The  capture  of  the  British  ship  Grange,  by  the  French 
frigate,  1'Embuscade,  within  the  Dekrware,  has  been  the 
subject  of  a  former  letter  to  you.  On  fall  and  mature  con- 
sideration, the  government  deems  the  capture  to  have 
been  unquestionably  within  its  jurisdiction,  and  thai 
according  to  the  rules  of  neutrality,  and  the  protection  ii. 
owes  to  all  persons  while  within  its  limits,  it  is  bound  to 
sec  that  the  crew  be  liberated,  and  the  vessel  and  cargo 
restored  to  their  former  owners.  The  Attorney  General 
of  the  United  States  has  made  a  statement  of  the  grounds 
of  this  determination,  a  copy  of  which  I  have  the  honour 
to  enclose  you.  I  am  in  consequence  charged  by  the 
President  of  the  United  Slates  to  express  to  you  his  ex- 
pectation, and  at  the  same  time,  his  confidence  that  you 
will  be  pleased  to  take  immediate  and  efiectual  measures 
for  having  the  ship  Grange  and  her  cargo  restored  to  the 
British  owners,  and  the  persons  taken  on  board  her  set  at 
liberty. 

1  am  persuaded,  sir,  you  will  be  sensible  on  mature 
eonsidcration,  that  in  forming  these  determinations,  the 
government  of  the  United  States  has  listened  to  nothing 
but  the  dictates  of  immutable  justice :  they  consider  the 


72  AMERICAN 

rigorous  exercise  of  that  virtue  as  the  surest  means  of  pre- 
serving perfect  harmony  between  the  United  States  and 
the  powers  at  war.     I  have  the  honour  to  be,  &c. 

THOMAS  JEFFERSON. 

The  Attorney  General  of  the  United  States  has  the  honour 
of  submitting  to  the  Secretary  of  State  his  opinion  con- 
cerning the  seizure  of  the  ship  Grange. 

THE  ESSENTIAL  TACTS  ARE, 

That  the  river  Delaware  takes  its  rise  within  the  limits 
©f  the  United  States  : 

That  in  the  whole  of  its  descent  to  the  Atlantic  Ocean, 
it  is  covered  on  each  side  by  the  territory  of  the  United 
States : 

That  from  tide  water,  to  the  distance  of  about  sixty 
miles  from  the  Atlantic  Ocean,  it  is  called  the  river  Dela- 
ware : 

That  at  this  distance  from  the  sea,  it  widens  and  assumes 
the  name  of  the  Bay  of  Delaware,  which  it  retains  to  the 
mouth : 

That  its  mouth  is  formed  by  the  capes  Henlopen  and 
May ;  the  former  belonging  to  the  state  of  Delaware  in 
property  and  jurisdiction ;  the  latter  to  the  state  of  New 
Jersey : 

That  the  Delaware  does  not  lead  from  the  sea  to  the 
dominions  of  any  foreign  nation  : 

That  from  the  establishment  of  the  British  provinces  on 
the  banks  of  the  Delaware  to  the  American  revolution,  it 
was  deemed  the  peculiar  navigation  of  the  British  empire  : 

That  by  the  treaty  of  Paris  on  the  3d  day  of  September, 
1783,  his  Britannic  Majesty  relinquished,  with  the  privi- 
ty of  France,  the  sovereignty  of  those  provinces,  as  well 
as  of  the  other  provinces  and  colonies  : 

And  that  the  Grange  was  arrested  in  the  Delaware. 
tvitkin  the  capes,  before  she  had  reached  the  sea,  after  her 
departure  from  the  port  of  Philadelphia. 

It  is  a  principle,  lirm  in  reason,  supported  by  the  civi- 
lians, and  tacitly  approved  in  the  document,  transmitted 
by  the  French  minister,  that  to  attack  an  enemy  in  a  neu- 
tral territory  is  absolutely  unlawful. 

Hence  the  inquiry  is  reduced  to  this  simple  form,  whether 
the  place  of  seizure  was  in  the  territory  of  the  United 
States  ? 


.STATE  PAPERS.  73 

From  a  question  originating  under  the  foregoing  cir- 
cumstances is  obviously  and  properly  excluded  every  con- 
sideration of  a  dominion  over  the  sea.  The  solidity  of  our 
neutral  right  does  not  depend,  in  this  case,  on  any  of  the 
various  distances,  claimed  on  that  element  by  different 
nations,  possessing  the  neighbouring  shore.  But  if  it  did, 
the  field  would  probably  be  found  more  extensive,  and 
more  favourable  to  our  demand,  than  is  supposed  by  the 
document  above  referred  to.  For  the  necessary  or  natural 
law  of  nations,  unchanged  as  it  is,  in  this  instance,  by  any 
compact  or  other  obligation  of  the  United  States,  will 
perhaps,  when  combined  with  the  treaty  of  Paris  in  1783, 
justify  us  in  attaching  to  our  coasts  an  extent  into  the  sea, 
beyond  the  reach  of  cannon  shot. 

In  like  manner  is  excluded  every  consideration,  how  far 
the  spot  of  seizure  was  capable  of  being  defended  by  the 
United  States.  For,  although  it  will  not  be  conceded,  that 
this  could  not  be  done ;  yet  will  it  rather  appear,  that  the 
mutual  rights  of  the  states  of  New  Jersey  and  Delaware, 
up  to  the  middle  of  the  river,  supersede  the  necessity  of 
such  an  investigation. 

No.  The  corner  stone  of  our  claim  is,  that  the  United 
States  are  proprietors  of  the  lands  on  both  sides  of  the 
Delaware,  from  its  head  to  its  entrance  into  the  sea. 

The  high  ocean,  in  general,  it  is  true,  is  unsusceptible 
of  becoming  property.  It  is  a  gift  of  nature,  manifestly 
destined  for  the  use  of  all  mankind — inexhaustible  in  its 
benefits — not  admitting  metes  and  bounds.  But  rivers 
may  be  appropriated ;  because  the  reverse  is  their  situa- 
tion. Were  they  open  to  all  the  world,  they  would  prove 
the  inlets  of  perpetual  disturbance  and  discord ;  would 
soon  be  rendered  barren  by  the  number  of  those,  who 
would  share  in  their  products ;  and  moreover  may  be  de- 
fined. 

i;  A  river,  considered  merely  as  such,  is  the  property  of 
the  people,  through  whose  lands  it  Hows,  or  of  him  under 
whose  jurisdiction  that  people  is."  Grot.  b.  2.  c.  L2.  s.  1*2. 

"  Rivers  might  be  held  in  property :  though  neither 
where  they  rise,  nor  when:  they  discharge  themselves  be 
within  our  territory,  but  they  join  to  both,  or  the  sea.  b 
is  sufficient  for  us,  that  the  larger  pari  of  water,  that  is, 
the  sides,  is  shut  up  in  our  banks,  and  that  the  river,  in 
respect  of  our  land,  is  itself  small  jm)  insignificant."  (irot. 
■vor..  i.  I A 


74  AJKERIGAJ* 

h.  2.  c.  3.  s'.  7,  and  Barbeyrac,  in  his  note,  subjoins,  that 
neither  of  those  is  necessary. 

"  Rivers  may  be  the  property  of  whole  states."  Puff.  b. 
3.  c.  3.  s.  4. 

"  To  render  a  thing  capable  of  being  appropriated,  it  is 
not  strictly  necessary,  that  we  should  enclose  it,  or  be  able 
to  enclose  it  within  artificial  bounds,  or  such  as  are  dif- 
ferent from  its  own  substance ;  it  is  sufficient,  if  the  com- 
pass and  extent  of  it  can  be  any  way  determined.  And 
therefore  Grotius  hath  given  himself  a  needless  trouble, 
when,  to  prove  rivers  capable  of  property,  he  useth  this 
argument,  that  although  they  are  bounded  by  the  land  at 
neither  end,  but  united  to  the  other  rivers  or  the  sea  ;  yet 
it  is  enough,  that  the  greater  part  of  them,  that  is,  their 
sides,  are  enclosed."   Puff.  b.  4.  c.  5.  s.  3. 

"  When  a  nation  takes  possession  of  a  country  in  order 
to  settle  there,  it  possesses  every  thing  included  in  it,  as 
lands,  lakes,  rivers,"  &c.  Vattel,  b.  I.e.  22.  s.  266. 

To  this  list  might  be  added  Bynkershoek  and  Selden. 
But  the  dissertation  of  the  former,  de  dominio  maris,  can- 
not be  quoted  with  advantage  in  detachment ;  and  the  au- 
thority of  the  latter  on  this  head  may,  in  the  judgment  of 
some,  partake  too  much  of  affection  for  the  hypothesis  of 
mare  clausum.  As  Selden,  however,  sinks  in  influence  on 
this  question,  so  must  Grotius  rise,  who  contended  for  the 
mare  liberum  ;  and  his  accurate  commentator,  Rutherforth, 
confirms  his  principles  in  the  following  passage,  "  A  na- 
tion, by  settling  upon  any  tract  of  land,  which  at  the  time 
of  such  settlement  had  no  other  owner,  acquires,  in  re- 
spect of  ail  other  nations,  an  exclusive  right  of  full  or 
absolute  property,  not  only  in  the  land,  but  in  the  waters 
likewise,  that  are  included  within  the  land,  such  as  rivers, 
pools,  creeks  or  bays.  The  absolute  property  of  a  na- 
tion, in  what  it  has  thus  seized  upon,  is  its  right  of  terri- 
tory." 2  Ruth.  b.  2.  c.  9.  s.  6. 

Congress  too  have  acted  on  these  ideas,  when,  in  their 
collection  laws,  they  ascribe  to  a  state  the  rivers,  wholly 
within  that  state. 

It  would  seem,  however,  that  the  spot  of  seizure  is  at- 
tempted to  be  withdrawn  from  the  protection  of  these 
respectable  authorities,  as  being  in  the  Bay  of  Delaware, 
instead  of  the  River  Delaware. 

Who  can  seriously  doubt  the  identity  of  the  River  ancf 


S'FATE  PAPERS.  75 

Bay  of  Delaware  ?  How  often  are  different  portions  of  the 
same  stream  denominated  differently  ?  This  is  sometimes 
accidental ;  sometimes  for  no  other  purpose,  than  to  assist 
the  intercourse  between  man  and  man,  by  easy  distinc- 
tions of  space.  Are  not  this  river  and  this  bay  fed  by  the 
same  springs  from  the  land,  and  the  same  tides  from  the 
ocean  ?  Are  not  both  doubly  flanked  by  the  territory  of 
the  United  States  ?  Have  any  local  laws  at  any  time  pro- 
vided variable  arrangements  for  the  river  and  the  bay  ? 
Has  not  the  jurisdiction  of  the  contiguous  states  been  ex- 
ercised equally  on  both  ? 

But  suppose  that  the  river  was  dried  up,  and  the  bay 
alone  remained,  Grotius  continues  the  argument  of  the 
7th  section,  of  the  3d  chapter,  of  the  2d  book  above  cited, 
in  the  following  words  : 

"  Py  this  instance  it  seems  to  appear,  that  the  property 
and  dominion  of  the  sea  might  belong  to  him,  who  is  in 
possession  of  the  lands  on  both  sides,  though  it  be  open 
above,  as  a  gulf,  or  above  and  below,  as  a  strait ;  provided 
it  is  not  so  great  a  part  of  the  sea,  that,  when  compared 
with  the  lands  on  both  sides,  it  cannot  be  supposed  to  be 
some  part  of  them.  And  now,  what  is  thus  lawful  to  one 
king  or  people,  may  be  also  lawful  to  two  or  three,  if  they 
have  a  mind  to  take  possession  of  a  sea,  thus  enclosed 
within  their  lands ;  for  it  is  in  this  manner,  that  a  river, 
which  separates  two  nations,  has  first  been  possessed  by 
both,  and  then  divided." 

"  The  gulfs  and  channels,  or  arms  of  the  sea  are,  ac- 
cording to  the  regular  course,  supposed  to  belong  to  the 
people,  with  whose  lands  they  are  encompassed."  Puff. 
b.  4.  c.  5.  s.  8. 

Valin,  in  b.  5.  tit.  1.  p.  685,  of  his  commentary  on  the 
marine  ordonnance  of  France,  virtually  acknowledges, 
that  particular  seas  may  be  appropriated.  After  review- 
ing the  contest  between  Grotius  and  Selden,  he  says,  "  S'il 
(Selden)  s'en  fut  done  tenu  Id,  ou  plutot,  s'il  cut  distingue 
I'ocean  des  mers  particuliers,  et  meme  dans  I'ocean, 
I'etendue  de  mer,  qui  doit  etre  censec  appartenir  aux  sou- 
v trains  des  cotes,  qui  en  sont  baignecs,  sa  victoire  eut  ete 
complette." 

These  remarks  may  be  enforced  by  asking,  what  nation 
can  be  injured  in  its  rights,  by  the  Delaware  being  appro- 
priated to  (he  United  States  ?    And  to  what  degree  may 


76  AMERICAN 

not  the  United  States  be  injured,  on  the  contrary  ground  ? 
It  communicates  with  no  foreign  dominion  ;  no  foreign  na- 
tion has,  ever  before,  exacted  a  community  of  right  in  it. 
as  if  it  were  a  main  sea :  under  the  former  and  present 
governments,  the  exclusive  jurisdiction  has  been  asserted ; 
by  the  very  first  collection  law  of  the  United  States,  passed 
in  1789,  the  county  of  Cape  May,  which  includes  Cape 
May  itself,  and  all  the  waters  thereof,  theretofore  within 
the  jurisdiction  of  the  state  of  New  Jersey,  are  compre- 
hended in  the  district  of  Bridgetown ;  the  whole  of  the 
state  of  Delaware,  reaching  to  Cape  Henlopen,  is  made 
one  district;  nay,  unless  these  positions  can  be  maintain- 
ed, the  bay  of  Chesapeake,  which,  in  the  same  law,  is  so 
fully  assumed  to  be  within  the  United  States,  and  which, 
for  the  length  of  the  Virginia  territory,  is  subject  to  the 
process  of  several  counties  to  any  extent,  will  become  a 
rendezvous  to  all  the  world,  without  any  possible  control 
from  the  United  States.  Nor  will  the  evil  stop  here.  It 
will  require  but  another  short  link  in  the  process  of  reason- 
ing, to  disappropriate  the  mouths  of  some  of  our  most  im- 
portant rivers.  If,  as  Vattel  inclines  to  think  in  the  294th 
section  of  his  first  book,  the  Romans  were  free  to  appro- 
priate the  Mediterranean,  merely  because  they  secured, 
by  one  single  stroke,  the  immense  range  of  their  coast : 
how  much  stronger  must  the  vindication  of  the  United 
States  be,  should  they  adopt  maxims  for  prohibiting  for- 
eigners from  gaining,  without  permission,  access  into  the 
heart  of  their  country. 

This  inquiry  might  be  enlarged  by  a  minute  discussion 
of  the  practice  of  foreign  nations  in  such  circumstances. 
But  I  pass  it  by;  because  the  United  States,  in  the  com- 
mencement of  their  career,  ought  not  to  be  precipitate  in 
declaring  their  approbation  of  any  usages,  (the  precise 
facts  concerning  which  we  may  not  thoroughly  understand) 
until  those  usages  shall  have  grown  into  principles,  and 
are  incorporated  into  the  law  of  nations ;  and  because  no 
usage  has  ever  been  accepted,  which  shakes  the  foregoing 
principles. 

The  conclusion  then  is,  that  the  Grange  has  been  seized 
on  neutral  ground.  If  this  be  admitted,  the  duty  arising 
from  the  illegal  act,  is  restitution. 

EDMUND  RANDOLPH. 

May  14,  1793'. 


STATE  PAPERS'.  77 

TRANSLATION. 

Citizen  Genet,  Minister  Plenipotentiary  of  the  Republick  of 
France,  to  Mr.  Jefferson.  Secretary  of  State  of  the  United 
States.  Philadelphia,  May  27,  1793,  the  2d  year  of  the 
Itepnblic/c  of  France. 

Sir, — My  predecessor  has  delivered  to  me  the  letter 
which  you  wrote  to  him  the  1 5th  of  this  month,  communi- 
cating to  him  sundry  memorials  of  the  British  minister, 
and  the  decisions  which  the  American  government  has 
taken  on  the  complaints  of  this  minister. 

The  first  of  these  complaints  which  you  report  in  your 
letter,  sir,  is  not  founded  in  fact ;  I  have  no  knowledge  of 
the  purchase  of  the  arms  in  question,  and  at  all  events 
the  reply  you  have  made  to  Mr.  Hammond  would  con- 
vince him  of  the  nullity  of  his  observations,  if  they  had 
been  dictated  by  good  faith ;  but  it  is  probable  that  this 
step  has  no  other  object  but  to  prepare,  diplomatically, 
pretext  to  the  English  ships  of  war  to  subject  American 
vessels,  even  under  the  shadow  of  their  modest  neutrality, 
to  arbitrary  visits  and  detentions. 

The  second  complaint  of  the  Envoy  of  George  III.  sir, 
is  founded  on  the  sale,  of  the  prizes  sent  into  the  port  of 
Charleston,  by  the  Embuscade  frigate,  belonging  to  the 
Republick  of  France. 

1  shall  call  to  my  aid  only  facts  and  very  plain  reason- 
ing in  replying  to  Mr.  Hammond's  representations  on  this 
point. 

The  treaty  of  commerce  of  1 778,  authorizes  exclusively 
all  the  vessels  of  war  French  or  American,  armed  by  the 
two  states  or  by  individuals,  to  conduct  freely,  wherever 
they  please  the  prizes  they  shall  have  made  of  their  ene- 
mies, without  being  subjected  either  to  admiralty  or  any 
other  duties,  without  also  the  said  vessels  or  the  said 
prizes,  entering  the  ports  of  France  or  of  America,  being 
stopped  or  seized,  or  the  officers  of  the  places  being  per- 
mitted to  take  cognizance  of  the  validity  of  the  said  prizes. 

This  privilege  is  interdicted  to  the  enemies  of  either  of 
the  two  nations  which  shall  be  at  war,  the  two  contracting 
parties  having  expressly  engaged  nof  to  permit  any  foreign 
privateer,  having  a  commission  from  a  prince  or  power 
at  war  with  one  of  the  two  nations,  to  arm  their  vessels  in 
the  ports  of  one  of  the  two  parties,  or  to  sell  there  the 


AMERICAN 


prizes  they  shall  have  taken,  or  in  any  other  manner  to 
discharge  the  vessels,  merchandises  or  any  part  of  their 
cargoes.  These  privileges  which  the  two  nations  have 
reserved  to  themselves  exclusively,  these  severe  and  clear- 
ly defined  restrictions  against  their  common  enemies,  evi- 
dently prove  that  in  virtue  of  the  treaties  which  I  have 
cited,  we  alone  have  at  present  the  right  of  bringing  our 
prizes  into  the  American  ports,  and  of  there  doing  with 
them  as  we  please,  as  property  on  the  validity  of  which 
the  civil  or  judiciary  officers  of  the  United  States  have 
nothing  to  do,  as  long  as  the  laws  of  the  United  States  are 
not  infringed.  It  is  in  order  to  acquire  information  on 
this  important  subject  that  the  publicity  of  the  sale  of 
prizes  authorized  by  the  consular  officers  of  the  Republick 
is  necessary ;  and  if  in  the  fulfilment  of  this  duty  prescribed 
by  friendship,  and  cur  respect  for  the  law  of  nations,  the 
Consul  of  the  French  Republick  at  Charleston  has  made 
ose  of  some  formality  or  expression,  from  which  it  might 
be  inferred  that  he  arrogated  to  himself  jurisdiction  un- 
ceded  by  the  treaties  and  laws  of  the  United  States,  I  shall 
take  care,  sir,  that  this  errour  be  avoided  for  the  future, 
and  that  all  proceedings  relative  to  the  sale  of  our  prizes, 
conformably  to  the  spirit  of  the  treaty,  bear  the  stamp  of 
a  particular  national  transaction,  and  of  the  plain  and 
real  alienation  of  a  property  acquired  by  the  laws  of  war, 
acknowledged  to  be  legal  by  the  officers  of  the  French 
nation. 

The  third  complaint  made  to  your  government,  sir,  by 
the  English  minister,  is  relative  to  the  armaments,  which 
have  taken  place  at  Charleston,  under  the  flag  of  the 
French  Republick.  The  American  government,  sir,  has 
given  a  new  proof  of  its  wisdom,  and  of  its  confidence  in 
our  sentiments,  not  blindly  to  admit  the  assertions  of  Mr. 
Hammond.  In  reply  to  this  I  shall  still  confine  myself  to 
facts.  It  is  certain  that  several  vessels  have  been  armed 
at  Charleston,  that  they  have  received  from  me  commis- 
sions of  the  Republick,  agreeable  to  the  forms  I  have  had 
the  honour  to  communicate  to  you,  and  that  these  vessels, 
despatched  to  sea  with  great  celerity,  have  made  many 
prizes,  have  condemned  to  inaction,  by  the  terrour  which 
they  have  spread  among  the  English,  almost  all  the  sailors 
and  vessels,  of  that  nation,  which  were  in  the  ports  of  the 
United  States,  and  by  their  success  have  very  sensibly 


STATU  *APBR§.  73 

raised  the  freight  of  American  vessels ;  I  grant  that  this 
must  be  displeasing  to  Mr.  Hammond,  to  his  court  and  to 
his  friends,  but  that  is  not  the  matter  in  question. 

I  ought  by  a  sincere  exposition  of  my  conduct  to  put 
you  in  a  capacity  to  judge  whether  I  have  encroached  on 
the  sovereignty  of  the  American  nation,  its  laws  and  its 
principles  of  government. 

The  vessels  armed  at  Charleston  belong  to  French 
houses ;  they  are  commanded  and  manned  by  French  citi- 
zens, or  by  Americans,  who,  at  the  moment  they  entered 
the  service  of  France,  in  order  to  defend  their  brothers  and 
their  friends,  knew  only  the  treaties  and  the  laws  of  the 
United  States,  no  article  of  which  imposes  on  them  the 
painful  injunction  of  abandoning  us  in  the  midst  of  the 
dangers  which  surround  us. 

It  is  then  evident,  sir,  that  these  armaments  cannot  be 
matter  of  offence  in  the  citizens  of  the  United  States  ;  and 
that  those  who  are  on  board  of  our  vessels  have  renounced 
the  immediate  protection  of  their  country,  on  taking  part 
with  us. 

It  is  necessary  however  to  examine  whether  the  French 
houses  of  Charleston  might  arm  the  vessels  which  bo- 
longed  to  them.  I  submitted  this  question  to  the  Govcr- 
nour  of  South-Carolina,  before  the  delivery  of  the  letters 
of  marque  to  our  privateers.  I  reminded  him  that  liberty 
consisted  in  doing  what  the  laws  did  not  prohibit,  that  I 
believed  no  law  existed  which  could  deprive  the  French 
citizens  in  the  ports  of  the  United  States,  of  the  privilege 
of  putting  their  vessels  in  a  state  of  defence,  of  taking  in 
time  of  war  new  commissions,  and  of  serving  their  country 
by  causing  them  to  cruise  out  of  the  United  States,  on  the 
vessels  of  their  enemy. — Nor  indeed  were  there  any  which 
gave  to  the  government  the  right  of  submitting  the  par- 
ticular operations  of  merchants  to  a  state  inquisition,  and 
that  it  appeared  to  me  that  it  could  neither  authorize  nor 
hinder  the  said  armaments.  His  opinion  appeared  to  cor- 
respond with  mine,  and  our  vessels  put  to  sea  in  spite  of  all 
the  intrigues  which  the  partisans  of  England  put  into  ac- 
tion to  oppose  it. 

This  is  the  truth,  sir,  this  is  the  conduct,  I  dare  to  call 
it  respectable,  which  I  have  followed,  and  I  know  too  well 
the  equitable  sentiments  of  the  federal  government  not  to 
deliver  myself  to  the  pleasing  hope  of  seeing  it  return 


80  AMERICAN 

from  the  first  impressions  which  the  reports  of  the  minister 
of  England  appear  to  have  made  on  it. 

The  last  point  which  remains  to  be  spoken  of,  sir,  is 
relative  to  the  capture  of  the  English  ship  Grange,  by  the 
Embuscade  frigate. 

The  learned  conclusions  of  the  Attorney  General  of  the 
United  States,  and  the  deliberations  of  the  American  go- 
vernment, have  been  on  this  subject  the  rule  of  my  con- 
duct. I  have  caused  the  prize  to  be  given  up ;  and  al- 
though of  considerable  value,  my  brave  brethren,  the 
seamen  of  the  Embuscade,  have  readily  concurred  in  a 
measure,  which  I  represented  to  them  as  a  proper  mean  to 
convince  the  American  government  of  our  deference  and 
of  our  friendship. 

The  French  republicans,  sir,  know  the  duties  which 
nations  owe  to  one  another  *.  enlightened  on  the  rights  of 
man,  they  have  just  ideas  of  the  general  laws  of  society 
comprised  under  the  common  denomination  of  the  law  of 
nations,  {droit  des  gens)  informed  with  respect  to  the  in- 
terests of  their  country,  they  know  how  to  distinguish  its 
enemies  and  its  friends,  and  you  may  assure  the  American 
government,  that  collectively  and  individually,  they  will 
seize  every  occasion  of  showing  to  the  sovereign  people 
of  the  United  States  their  respect  for  their  laws,  and  their 
sincere  desire  to  maintain  with  them  the  most  perfect 
harmony.  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  5, 1793. 

Sir, — In  my  letter  of  May  15th  to  M.  de  Ternant,  your 
predecessor,  after  stating  the  answers  which  had  been 
given  to  the  several  memorials  of  the  British  minister,  of 
May  8th,  it  was  observed  that  a  part  remained  still  un- 
answered, of  that  which  respected  the  fitting  out  armed 
vessels  in  Charleston,  to  cruise  against  nations  with  whom 
we  were  at  peace. 

In  a  conversation  which  I  had  afterwards  the  honour  of 
holding  with  you,  I  observed  that  one  of  those  armed  ves- 
sels, the  Citoyen  Genet,  had  come  into  this  port  with  a 
prize,  that  the  President  had  thereupon  taken  the  case  into 
further  consideration ;  and  after  mature  consultation  and 
deliberation,  was  of  opinion,  that  the  arming  and  equip- 


STATE  PAPERS.  81 

ping  vessels  in  the  ports  of  the  United  States,  to  cruise 
against  nations  with  whom  they  are  at  peace,  was  incom- 
patible with  the  territorial  sovereignty  of  the  United 
States ;  that  it  made  them  instrumental  to  the  annoyance 
of  those  nations,  and  thereby  tended  to  compromit  their 
peace,  and  that  he  thought  it  necessary  as  an  evidence  of 
good  faith  to  them,  as  well  as  a  proper  reparation  to  the 
sovereignty  of  the  country,  that  "the  armed  vessels  of  this 
description  should  depart  from  the  ports  of  the  United 
States. 

The  letter  of  the  27th  instant,  with  which  you  have 
honoured  me,  has  been  laid  before  the  President,  and  that 
part  of  it,  which  contains  your  observations  on  this  subject, 
has  been  particularly  attended  to.  The  respect  due  to 
whatever  comes  from  you,  friendship  for  the  French  na- 
tion, and  justice  to  all,  have  induced  him  to  re-examine 
the  subject,  and  particularly  to  give  to  your  representa- 
tions thereon,  the  consideration  they  deservedly  claim. 
After  fully  weighing  again,  however,  all  the  principles  and 
circumstances  of  the  case,  the  result  appears  still  to  be, 
that  it  is  the  right  of  every  nation  to  prohibit  acts  of 
sovereignty  from  being  exercised  by  any  other  within  its 
limits,  and  the  duty  of  a  neutral  nation  to  prohibit  such  as 
would  injure  one  of  the  warring  powers ;  that  the  granting 
military  commissions,  within  the  United  States,  by  any 
other  authority  than  their  own,  is  an  infringement  on  their 
sovereignty,  and  particularly  so,  when  granted  to  their 
own  citizens,  to  lead  them  to  commit  acts  contrary  to  the 
duties  they  owe  their  own  country  ;  that  the  departure  of 
vessels,  thus  illegally  equipped,  from  the  ports  of  the 
United  States,  will  be  but  an  acknowledgment  of  respect, 
analogous  to  the  breach  of  it,  while  it  is  necessary 
on  their  part,  as  an  evidence  of  their  faithful  neutrality. 
On  these  considerations,  sir,  the  President  thinks  that  the 
United  States  owe  it  to  themselves,  and  to  the  nations  in 
their  friendship,  to  expect  this  act  of  reparation  on  the 
part  of  vessels,  marked  in  their  very  equipment  with  of- 
fence to  the  laws  of  the  land,  of  wiiich  the  law  of  nations 
makes  an  integral  part. 

The  expressions  of  very  friendly  sentiment,  which  we 
have  already  had  the  satisfaction  of  receiving  from  you, 
leave  no  room  to  doubt  that  the  rnnelusion  of  the  P;-r-,i- 
vol.  i.  17 


#2  AMERICAN 

dent,  being  thus  made  known  to  you,  these  vessels  will -be 
permitted  to  give  no  further  umbrage  by  their  presence  in 
the  ports  of  the  United  States.  I  have  the  honour  to 
be,  &c.  TH  :  JEFFERSON. 

TRANSLATION. 

The  Minister  of  the  Republick  of  France,  to  the  Secretary  of 
State  of  the  United  States.  Philadelphia,  June  8,  1 793, 
2d  year  of  the  French  Republick. 

Sir, — I  have  seen  with  pain,  by  your  letter  of  the  5th 
of  this  month,  that  the  President  of  the  United  States  per- 
sists in  thinking  that  a  nation  at  war  had  not  the  right  of 
giving  commissions  of  war  to  those  of  its  vessels  which 
may  be  in  the  ports  of  a  neutral  nation ;  this  being,  in  his 
opinion,  an  act  of  sovereignty. 

I  confess  to  you,  sir,  that  this  opinion  appears  to  me 
contrary  to  the  principles  of  natural  right ;  to  the  usages 
of  nations  ;  to  the  connections  which  unite  us ;  and  even  to 
the  President's  proclamation. 

The  right  of  arming,  sir,  for  the  purpose  of  its  defence, 
and  repelling  unjust  aggressions,  in  my  opinion,  may  be 
exercised  by  a  nation  at  war,  in  a  neutral  state  ;  unless  by 
treaty,  or  particular  laws  of  this  state,  that  right  be  con- 
fined to  a  single  nation,  friend  or  ally,  and  expressly  in- 
terdicted to  others.  This  is  exactly  the  case  in  which  we 
are.  The  United  States,  friends  of  the  French,  their 
allies  and  guarantees  of  their  possessions  in  America,  have 
permitted  them  to  enter  armed,  and  remain  in  their  ports, 
to  bring  there  their  prizes,  to  repair  in  them,  to  equip  in 
them,  whilst  they  have  expressly  refused  this  privilege  to 
their  enemies.  The  intention  of  the  United  States  has 
been  to  facilitate  to  us  the  means  of  protecting,  effica- 
ciously, our  commerce,  and  of  defending  our  possessions 
in  America,  so  useful  to  our  mutual  prosperity ;  and  as 
loag  as  the  states,  assembled  in  Congress,  shall  not  have 
determined  that  this  solemn  engagement  should  not.  be  per- 
formed, no  one  has  a  right  to  shackle  our  operations,  and 
to  annul  their  effect,  by  hindering  those  of  our  marines, 
who  may  be  in  the  American  ports,  to  take  advantage  of 
the  commissions  which  the  French  government  has  charged 
me  to  give  them,  authorizing  them  to  defend  themselves, 
and  fulfil,  if  they  find  an  opportunity,  all  the  duties  of  citi- 


STATE  PATERS.  83 

zens  against  the  enemies  of  the  state.  Besides,  sir,  at  all 
times,  like  commissions,  during  a  war,  have  been  delivered 
to  our  vessels.  The  officers  of  the  marine  transmit  them 
to  them,  in  France,  and  the  consuls,  in  foreign  countries ; 
and  it  is  in  virtue  of  this  usage,  which  no  power  has  ever 
thought  of  regarding  as  an  act  of  sovereignty,  that  the  ex- 
ecutive council  has  sent  here  s'uch  commissions. 

However,  sir,  always  animated  with  the  desire  of  main- 
taining the  good  harmony  which  so  happily  subsists  be*- 
tween  our  two  countries,  I  have  instructed  the  consuls  not 
to  grant  letters,  but  to  the  captains,  who  shall  obligate 
themselves,  under  oath  and  security,  to  respect  the  terri- 
tory of  the  United  States,  and  the  political  opinions  of 
their  President,  until  the  representatives  of  the  sovereign 
shall  have  confirmed  or  rejected  them.  This  is  all  that  the 
American  government  can  expect  from  our  deference ; 
every  thing  that  passes  out  of  the  waters  of  the  United 
States,  not  coming  within  their  cognizance. 

It  results  from  this  note,  sir,  that  the  commissions  trans- 
mitted in  virtue  of  the  orders  of  the  executive  council  of 
the  Republick  of  France,  to  the  French  vessels  in  the 
ports  of  the  United  States,  are  merely  an  authority  to  arm 
themselves,  founded  upon  the  natural  right  and  constant 
usage  of  France  ;  that  these  commissions  have  been  expe- 
dited at  all  times,  in  the  like  circumstances  ;  that  their  dis- 
(ribution  cannot  be  considered  but  as  an  act  of  consular 
administration,  and  not  of  sovereignty ;  and  that  every 
obstruction  by  the  government  of  the  United  States,  to  the 
arming  of  French  vessels,  must  be  an  attempt  on  the  rights 
of  man,  upon  which  repose  the  independence  and  laws  of 
the  United  States ;  a  violation  of  the  ties  which  unite  the 
people  of  France  and  of  America ;  and  even  a  manifest 
roniradiction  of  the  system  of  neutrality  of  the  President: 
For,  in  fact,  if  our  merchant  vessels,  or  others,  are  not 
allowed  to  arm  themselves,  when  the  French  alone  are 
resisting  the  league  of  all  the  tyrants  against  the  liberty 
of  the  people,  they  will  be  exposed  to  inevitable  ruin  in 
going  out  of  the  ports  of  the  United  States,  which  is  cer- 
tainly not  the  intention  of  the  people  of  America.  Their 
fraternal  voice  has  resounded  from  every  quarter  around 
me,  and  their  accents  are  not  equivocal — they  are  pure  as 
•he  hearts  of  those  by  whom  the)  are  expressed,  and  the 


84  AMERICAN 

more  they  have  touched  my  sensibility,  the  more  they  must 
interest  in  the  happiness  of  America  the  nation  I  repre- 
sent ; — the  more  I  wish,  sir,  that  the  federal  government 
should  observe,  as  far  as  in  their  power,  the  publick  en- 
gagements contracted  by  both  nations ;  and  that  by  this 
generous  and  prudent  conduct  they  will  give  at  least  to  the 
world  the  example  of  a  true  neutrality,  which  does  not 
consist  in  the  cowardly  abandonment  of  their  friends  in  the 
moment  when  danger  menaces  them,  but  in  adhering  strict- 
ly, if  they  can  do  no  better,  to  the  obligations  they  have 
contracted  with  them.  It  is  by  such  proceedings,  that 
they  will  render  themselves  respectable  to  all  powers ;  that 
thev  will  preserve  their  friends,  and  deserve  to  augment 
their  number.  GENET. 


TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  Repuhlick 
of  France,  with  the  United  States,  to  Mr  J  Jefferson,  Secre- 
tary of  State  of  the  United  States.  Philadelphia,  June  1, 
1793,  2d  year  of  the  Republick  of  France. 

Sir, — I  have  this  moment  been  informed,  that  two  offi- 
cers in  the  service  of  the  Republick  of  France,  citizen 
Gideon  Henfield  and  John  Singletary,  have  been  arrested 
on  board  the  privateer  of  the  French  Republick,  the  citi- 
zen Genet,  and  conducted  to  prison.  The  crime  laid  to 
their  charge,  the  crime  which  my  mind  cannot  conceive, 
and  which  my  pen  almost  refuses  to  state,  is  the  serving  of 
France,  and  defending  with  her  children  the  common  and 
glorious  cause  of  liberty. 

Being  ignorant  of  any  positive  law,  or  treaty,  which  de- 
prives Americans  of  this  privilege,  and  authorizes  officers 
of  police  arbitrarily  to  take  mariners,  in  the  service  of 
France,  from  on  board  their  vessels,  I  call  upon  your 
intervention,  sir,  and  that  of  the  President  of  the  United 
States,  in  order  to  obtain  the  immediate  releasement  of  the 
above  mentioned  officers,  who  have  acquired  by  the  senti- 
ments animating  them,  and  by  the  act  of  their  engagement, 
anterior  to  every  act  to  the  contrary,  the  right  of  French 
citizens,  if  they  have  lost  that  of  American  citizens.  I  re- 
new at  the  same  time,  sir,  the  requisition  which  I  made  in 
favour  of  another  French  officer  detained  for  the  same 
cause,  and  for  the  same  object.  GENET. 


STATE  PAPERS.  83 

Mr.  Jefferson,  Secretary  of  State,  to  Mr,  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  1,1793. 

Sir, — I  have  to  acknowledge  the  receipt  of  your  note 
©f  the  27th  of  May,  on  the  subject  of  Gideon  Henfield,  a 
citizen  of  the  United  States,  engaged  on  board  an  armed 
vessel  in  the  service  of  France.  It  has  been  laid  before 
the  President,  and  referred  to  the  Attorney  General  of  the 
United  States  for  his  opinion  on  the  matter  of  law,  and  I 
have  now  the  honour  of  enclosing  you  a  copy  of  that 
opinion.  Mr.  Henfield  appears  to  be  in  the  custody  of 
the  civil  magistrate,  over  whose  proceedings  the  execu- 
tive has  no  control.  The  act  with  which  he  is  charged 
will  be  examined  by  a  jury  of  his  countrymen,  in  the  pre- 
sence of  judges  of  learning  and  integrity ;  and  if  it  is  not 
contrary  to  the  laws  of  the  land,  no  doubt  need  be  enter- 
tained that  his  case  will  issue  accordingly.  The  forms  of 
the  law  involve  certain  necessary  delays,  of  which,  how- 
ever, he  will  assuredly  experience  none  but  what  are  ne- 
cessary.    I  have  the  honour  to  to  be,  &c. 

TH :  JEFFERSON. 

P.  S.  After  writing  the  above,  I  was  honoured  with  your 
note  on  the  subject  of  Singletary,  on  which  it  is  in  my 
power  to  say  nothing  more  than  in  that  of  Henfield. 

The  Attorney  General  of  the  United  States  has  the  honour  of 
submitting  to  the  Secretary  of  State  the  following  opinion 
on  the  case  of  Gideon  Henfield,  as  represented  by  the 
Minister  of  France. 

1st.  It  may  well  be  doubted  how  far  the  minister  of 
France  has  a  right  to  interfere.  Henfield  is  a  citizen  of 
the  United  States  ;  and  it  is  unusual  at  least,  that  a  foreign 
power  should  interfere  in  a  question,  whether,  as  a  citizen, 
a  man  has  been  guilty  of  a  crime  ?  Nor  can  an  authority 
be  derived  from  Henfield  being  under  the  protection  of 
the  French  Republick ;  because  being  still  a  citizen,  he  is 
amenable  to  the  laws,  which  operate  on  citizens,  and  the 
very  act,  by  which  he  is  said  to  have  been  taken  under 
such  protection,  is  a  violation  of  the  sovereignty  of  the 
United  States.  If  he  be  innocent,  he  will  be  safe  in  the 
hands  of  his  countrymen  :  if  guilty,  the  respect  due  by  one 


36  AMERICAN 

nation  to  the  decrees  of  another  demands  that  they  be 
acquiesced  in. 

2d.  But  Henfield  is  punishable,  because  treaties  are  the 
supreme  law  of  the  land ;  and  by  treaties  with  three  of  the 
powers  at  war  with  France  it  is  stipulated,  that  there  shall 
be  a  peace  between  their  subjects  and  the  citizens  of  the 
United  States. 

3d.  He  is  indictable  at  the  common  law,  because  his  con- 
duct comes  within  the  description  of  disturbing  the  peace 
of  the  United  States.  EDM  :  RANDOLPH. 

May  30,  1793.       • 

TRANSLATION. 

The  Citizen  Genet,  Minister  of  the  Republick  of  France,  to 
Mr.  Jefferson,  Secretary  of  State  of  the  United  States, 
Philadelphia,  June  14,  1793,  Id  year  of  the  Republick. 

Sir, — You  will  see  by  the  papers  hereto  annexed,  that 
in  contempt  of  the  treaties  which  unite  the  French  and 
Americans,  that  in  contempt  of  the  law  of  nations,  civil 
and  judiciary  officers  of  the  United  States  have  permitted 
themselves  to  stop  at  Philadelphia  the  sale  of  vessels 
taken  by  an  armed  French  galliot,  and  at  New  York,  have 
opposed  the  sailing  of  a  French  vessel  commissioned  by 
the  executive  council  of  the  Republick  of  France.  1  re- 
quest you,  sir,  to  inform  the  President  of  the  United  States 
of  these  facts,  to  let  him  know  that  they  have  used  his 
name  in  committing  those  infractions  of  the  laws  and 
treaties  of  the  United  States;  and  engage  him  to  develop, 
in  the  present  circumstances,  all  the  authority  which  the 
people  of  the  United  States  have  confided  to  him  to  enforce 
the  execution  of  the  laws  and  treaties. 

Not  doubting,  sir,  the  purity  of  the  Presidents  senti- 
ments, I  hope  to  obtain  immediately,  from  the  aid  of  his 
good  offices  and  energy,  restitution,  with  damages  and  in- 
terest, of  the  French  prizes  arrested  and  seized  at  Phila- 
delphia, by  an  incompetent  judge,  under  an  order  which  I 
ought  to  believe  not  genuine ;  and  the  like  restitution,  with 
damages  and  interest,  of  the  vessels  stopped  and  seized  at 
New  York. 

It  is  through  the  intervention  of  the  publick  ministers, 
that  affairs,  of  the  nature  which  produce  my  present  com- 
plaints and  reclamations,  ought  to  be  treated.     As  the 


STATE  PAPERS. "  87 

representative  of  a  people,  generous  and  confident  in  their 
friends,  I  have  already  given  proofs  of  the  sentiments  with 
which  they  are  animated,  in  causing  to  be  restored,  with- 
out examination,  on  the  requisition  of  the  federal  govern- 
ment, the  English  ship  Grange,  taken  by  a  vessel  of  the 
Republick.  1  shall  in  all  my  conduct  show  an  equal 
deference ;  but  at  the  same  time,  sir,  I  should  expect  from 
your  government  all  the  support,  which  I  at  present  stand 
in  need  of,  to  defend  in  the  bosom  of  the  United  States 
the  interests,  the  rights  and  the  dignity  of  the  French  na- 
tion, which  persons,  on  whom  time  will  do  us  justice,  are 
labouring  secretly  to  misrepresent.  GENET. 

TRANSLATION. 

This  day,  the  7th  June,  1793,  in  the  2d  year  of  the 
Republick  of  France,  before  us  Francis  Dupont,  consul  of 
the  said  Republick,  at  Philadelphia,  appeared  the  citizen 
Pierre  Barriere,  agent  ad  hoc  of  the  ship  William,  and  of 
the  brigantine   Active,  taken  by  the   galliot  the  citizen 
Genet,  captain  Johanen,  who  has  declared,  that  this  day, 
at  11  o'clock,  A.  M.  being  occupied  in  the  sale  of  the  cargo 
of  the  ship  William,  a  deputy  marshal  of  the  Court  of  Ad- 
miralty of  the  United  States,  for  the  district  of  Pennsylva- 
nia, presented  himself  to  him,  where  he  was  making  the 
said  sales  on   Warder's  Wharf,  pretending  that  the  said 
ship  William,  and  her  cargo,  were  seized  by  the  said  court 
of  admiralty,  wishing,  in  consequence,  to  stop  the  sale, 
which  was  nevertheless  continued,  the  appearer  having 
conceived  that  the  admiralty  could  not,  in  any  manner 
whatever,  meddle  in  this  business,  agreeably  to  the  17th 
article  of  the  treaty  of  commerce  between  France  and  the 
United  States.     Notwithstanding,  to  the  great  prejudice 
of  the  interested  in  the  sales,  the  said  deputy  marshal  of 
the  admiralty  discouraged  the  bidders,  and  even  suspended 
their  bidding,  leading  them  to   believe  that  the  sale  of 
the  said  vessels  was  not  valid  ;  whence  it  resulted  that  they 
sold  below  their  value.     However,  the  sale  of  the  cargo 
being  made,  the  said  agent  proceeded  to  that  of  the  brig- 
antine ;  but  as  soon  as  he  commenced,  the  said  deputy 
marshal  again  forbid  the  continuance,  which  led  several 
persons  present  into  an  errour,  supposing  that  the  seizure 
extended  to  the  brig  Active,  as  well  as  the  ship  William  ; 
whence  it  resulted,  that  the  s;iH  brigantirte  did  not  sell  for 


88  AMERICAN' 

more  than  a  third  of  her  real  value,  having  been  estimated 
worth  600/.  The  appearer,  having  afterwards  proceeded 
to  the  sale  of  the  ship  William,  the  said  deputy  marshal 
again,  in  the  name  of  the  aforesaid  court  of  admiralty,  for- 
bid it ;  whence  has  also  resulted  a  considerable  loss  to  the 
interested  in  the  said  prize,  which  was  struck  off  at  only 
500/.  which  does  not  amount  to  one  fourth  of  her  value. — 
In  consequence  of  which,  the  said  appearer  protests  for  all 
damages  and  interests  accrued,  and  to  accrue,  against  the 
said  court  of  admiralty — those  who  have  set  on  foot  this  pro- 
secution, and  generally  against  all  those  whom  it  may  con- 
cern, being  therein  fully  justified  by  the  tenour  of  the 
treaties  : — Of  all  which  the  said  appearer  has  requested  of 
us  an  act,  and  has  signed  with  us,  the  day  and  year  above 
written.  FROIS.  DUPONT. 

Pierre  Barriers. 

Compared  by  us,  chancellor  of  the  consulate  of  the  Re- 
publick  of  France,  with  the  original  deposited  in  the  chan- 
cery, the  8  June,  1793,  2d  year  of  the  French  Republick. 

J.  BRE.  LEMAIRE. 

We,  Consul  of  the  Republick  of  France,  at  Philadelphia, 
certify  and  attest,  to  whom  it  may  concern,  that  citizen  J. 
Bre.  Lemaire,  who  has  signed  the  above  extract,  is  our 
chancellor,  to  whose  signature  faith  should  be  given,  as 
well  in  as  out  of  judgment. 

In  testimony  whereof,  we  have  signed  the  present, 
and  have  caused  to  be  affixed  thereto  the  seal  of 
[l.  s.]    the  Consulate,  at  Philadelphia,  the  8  June,  1793. 
2d  year  of  the  Republick  of  France. 

FROIS.  DUPONT. 

New  York,  June  9,  1793,  'id  year  of  the  French  Republick. 

Sir, — I  have  just  been  informed,  that  last  night  a  French 
vessel,  armed  for  war,  and  ready  to  hoist  sail,  has  been 
arrested  by  authority,  and  that  even  the  captain  has 
not  been  permitted  to  go  on  board.  This  strange  use  of 
publick  force,  against  the  citizens  of  a  friendly  nation, 
who  assemble  here  to  go  and  defend  their  brethren,  is  a 
signal  violation  of  the  laws  of  neutrality,  which  I  cannot 
impute  but  to  a  misconception,  which  your  attention,  and 


STATE  PAPERS.  89 

jour  equity,  will  not  fail  to  rectify,  a3  soon  as  you  shall  be 
informed  of  it. 

I  require,  sir,  the  authority  with  which  you  are  clothed, 
to  cause  to  be  rendered  to  Frenchmen,  and  allies,  and  I 
must  add  to  freemen,  of  whatever  nation  they  may  be,  the 
liberty  of  flying  to  the  succour  of  their  country.  It  is  not 
in  a  country  where  Frenchmen  have  spilt  their  blood,  in 
the  cause  of  humanity,  that  they  ought  to  find  in  the  law* 
obstacles  to  their  following  yet  again  the  most  pleasing  of 
their  propensities,  and  to  fulfil  the  most  sacred  of  their 
duties.  HAUTERIVE, 

Consul  of  the  French  Rcpublick,  New  York. 
To  the  Governour  of  the  state  of  New  York. 

Consulate  of  New  York, 

We  Alexander  Hauterive,  Consul  of  the  Republick  of 
France  to  the  United  States,  at  New  York,  certify  that  in 
consequence  of  a  requisition  made  by  us  to  the  mayor  of 
New  York,  and  to  the  governour  of  the  state  of  the  same 
name,  dated  9th  June  current,  to  obtain  a  replevy  of  the 
detention,  made  by  authority  in  this  port,  of  a  French  ves- 
sel called  the  Republican,  belonging  to  Louis  Alexis 
Hochquet  Caritat,  and  commanded  by  the  citizen  Orset, 
the  governour  of  the  said  state  replied  to  us  by  a  letter 
under  his  signature,  that  it  was  in  conformity  to  the  in- 
junction of  the  President  of  the  United  States,  that  he  had 
ordered  a  detachment  of  militia  of  this  state  to  detain  the 
said  vessel,  until  the  President  of  the  United  States  should 
be  informed  of  the  circumstances  of  the  facts,  upon  which 
we  have  delivered  to  him  an  act  certified  and  signed  by  us. 

Done  at  New  York,  the  10th  June,  1793,  2d  year  of  the 
Republick  of  France.  HAUTERIVE, 

Consul  of  the  Republick  of  France  at  New  York. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  17,  1793. 

Sir, — I  shall  now  have  the  honour  of  answering  your 
letter  of  the  3th  instant,  and  so  much  of  that  of  the  14th, 
(both  of  which  have  been  laid  before  the  President)  as 
relates  to  a  vessel  armed  in  the  port  of  New  York,  and 
about  to  depart  from  thence,  but  stopped  by  order  of  the 
government;  and  here  I  beg  leave  to  premise,  that  the 
vol.  i.  12 


9®  AMERICAN' 

ease  supposed  in  your  letter,  of  a  vessel  arming  merely  for 
her  own  defence,  and  to  repel  unjust  aggressions,  is  not 
that  in  question,  nor  that  on  which  I  mean  to  answer ;  be- 
cause, not  having  yet  happened,  as  far  as  is  known  to  the 
government,  I  have  no  instructions  on  the  subject.  The 
ease  in  question,  is  that  of  a  vessel  armed,  equipped  and 
manned,  in  a  port  of  the  United  States,  for  the  purpose  of 
committing  hostilities  on  nations  at  peace  with  the  United 
States. 

As  soon  as  it  was  perceived,  that  such  enterprises  would 
fee  attempted,  orders  to  prevent  them  were  despatched  to  ail 
the  states  and  ports  of  the  Union,  In  consequence  of  these 
the  governour  of  New  York,  receiving  information  that 
a  sloop,  heretofore  called  the  Polly,  now  the  Republican, 
was  fitting  out,  arming  and  manning,  in  the  port  of  New 
York,  for  the  express  and  sole  purpose  of  cruising  against 
certain  nations  with  whom  we  are  at  peace,  that  she  had 
taken  her  guns  and  ammunition  aboard,  and  was  on  the 
point  of  departure,  seized  the  vessel.  That  the  governour 
Was  not  mistaken  in  the  previous  indications  of  her  object, 
appears  by  the  subsequent  avowal  of  the  citizen  Hauterive, 
consul  of  France  at  that  port,  w7ho,  in  a  letter  to  the  go- 
vernour, reclaims  her,  as*  "  Un  vaisscau  arme  en  guerre 
ct  prct  a  mettre  a  la  voile,"  and  describes  her  object  in 
these  expressions,!  "  Get  usage  etrange  de  la  force  pub- 
lique,  contre  les  citoyens  d'une  nation  amic  qui  se  reunis- 
sent-ici  pour  alter  defendre  leur$freres,n  and  again, |  "  Je 
requiers,  monsieur,  l'autorite  dont  vous  etes  revetu,  pour 
faire  rendre  a  des  Frangois,  a  des  allies,  &c.  la  liberie  de 
voter  au  secours  de  lew  patrie."  This  transaction  being 
reported  to  the  President,  orders  were  immediately  sent: 
to  deliver  over  the  vessel,  and  the  persons  concerned  in 
the  enterprise,  to  the  tribunals  of  the  country ;  that  if  the 
act  was  of  those  forbidden  by  the  law,  it  might  be  punish- 
ed, if  it  was  not  forbidden,  it  might  be  so  declared,  and 
all  persons  apprized  of  what  they  might  or  might  not  do. 

Translation  of  passages  in  letter  to  Mr.  Genet.,  June  17,  1793. 

*  "  A  vessel  armed  for  war,  and  ready  to  put  to  sea." 

t  "  This  strange  use  of  publick  force  against  the  citizens  of  a  friendly 

Matron  who  are  united  here,  in  order  to  go  in  defence  of  their  brothers." 
tu]  require,  sir,  the  authority  with  which  you  are  vested,  to  cause  to  be 

rendered  to  Freuclimerr,  to  allies-,  kc.  the  liberty  of fying  to  the  succour  of 

theft-  d«untrlr.'''> 


STATE  PAPE.RS.  91 

This  wc  have  reason  to  believe  is  the  true  state  of  the 
-ease,  and  it  is  a  repetition  of  that  which  was  the  subject  ol 
my  letter  of  the  5th  instant,  which  animadverted  not 
merely  on  the  single  fact  of  the  granting  commissions  of 
war  by  one  nation  within  the  territory  of  another,  but  on 
the  aggregate  of  the  facts ;  for  it  states  -the  opinion  of  the 
President  to  be,  that  "  The  arming  and  equipping  vessels 
in  the  ports  of  the  United  States,  to  cruise  against  nations 
with  whom  ihey  are  at  peace,  was  incompatible  with  the 
sovereignty  of  the  United  States ;  that  it  made  them  in- 
strumental to  the  annoyance  of  those  nations,  and  thereby 
tended  to  commit  their  peace." — And  this  opinion  is  still 
conceived  to  be  not  contrary  to  the  principles  of  natural 
law ;  the  usage  of  nations ;  the  engagements  which  unite 
the  two  people ;  nor  the  proclamation  of  the  President,  a> 
you  seem  to  think. 

Surely  not  a  syllable  can  be  found  in  the  last  mentioned 
instrument,  permitting  the  preparation  of  hostilities  in  the 
ports  of  the  United  States.  Its  object  was  to  enjoin  on 
our  citizens  "  a  friendly  conduct  towards  all  the  bellige- 
rent powers  ;"  but  a  preparation  of  hostilities,  is  the  re- 
verse of  this. 

None  of  the  engagements  in  our  treaties  stipulate  this 
permission.  The  xvn  article  of  that  of  commerce  per- 
mits the  armed  vessels  of  either  party  to  enter  the  ports  of 
the  other,  and  to  depart  with  their  prizes  freely :  but  the 
entry  of  an  armed  vessel  into  a  port,  is  one  act;  the 
equipping  a  vessel  in  that  port,  arming  her,  manning  her, 
is  a  different  one,  and  not  engaged  by  any  article  of  the 
treaty. 

You  think,  sir,  that  this  opinion  is  also  contrary  to  the 
law  of  nature,  and  usage  of  nations.  We  are  of  opinion 
it  is  dictated  by  that  law  and  usage;  and  this  had  been 
very  maturely  inquired  into  before  it  was  adopted  as  a 
principle  of  conduct.  But  we  will  not  assume  the  exclu- 
sive right  of  saying  what  that  law  and  usage  is.  Let  us 
appeal  to  enlightened  and  disinterested  judges-  None  is 
more  so  than  Vattel.    lie  says,  1.  3,  s.  104,*  "  Tant  qu'un 

*  "  As  long  as  a  neuter  nation  wishes  to  enjoy  this  situation  with  certain- 
ly, it  ought  to  show,  in  every  tiling,  an  exaet  impartiality  between  those 
who  are  at  war.  For  if  it  favour  the  one  to  the  prejudice  of  the  other,  it 
cannot  complain  when  that  other  shall  treat  it  as  an  adherent  and  associate 
teT  its  enemy.    Its  neutrality  would  be  a   fraudulent  one,  of  which  n'ii^ 


92  AMERICAN 

peuple  ncutfe  veut  jouir  surcment  de  cet  etat,  il  doit  mon- 
trcr  en  toutes  choses  une  exacte  impartialite  entre  ceux 
qui  se  font  la  guerre.  Car  s'il  favorise  l'un  au  prejudice 
de  1'autre,  il  ne  pourra  pas  se  plaiudre,  quand  celui-ci  le 
traitera  comme  adherent  et  associe  de  son  ennemi.  Sa 
neutralite  seroit  une  neutralite  frauduleuse,  dont  personne 
ne  veut  etre  la  dupe. — Voyons  done  en  quoi  consiste  cette 
impartialite  qu'un  peuple  neutre  doit  garder. 

"  Elle  se  rapporte  uniquement  a  la  guerre,  et  comprend 
deux  choses.  1,  Ne  point  donner  de  secours  quand  on 
n'y  est  pas  oblige ;  ne  fournir  librement  ni  troupes  ni 
armes,  ni  munitions,  ni  rien  de  se  qui  sert  directement  a  la 
guerre.  Je  dis  ne  point  donner  de  secours  et  non  pas  en 
donner  egalement ;  car  il  seroit  absurde  qu'un  etat  secourut 
en  meme  terns  deux  ennemis.  Et  puis  il  seroit  impossible 
de  le  faire  avec  egalite,  les  memes  choses,  le  meme  nom- 
bre  de  troupes,  la  meme  quantite  d'armes  de  munitions, 
&lc.  fournies  en  des  circonstances  differentes ;  ne  forment 
plus  des  secours  equivalens,  &c."  If  the  neutral  power 
may  not,  consistent  with  its  neutrality,  furnish  men  to 
either  party,  for  their  aid  in  war,  as  little  can  either  enrol 
them  in  the  neutral  territory,  by  the  law  of  nations. 
Wolf,  s.  1 174,  says*  "  Puisque  le  droit  de  lever  des  soldats 
est  un  droit  de  majeste  qui  ne  peut  etre  viole  par  une  na- 
tion ctrangerc,  il  n'est  pas  pcrmis  de  lever  des  soldats  sur 
le  territoire  d'autrui  sans  le  consentement  du  maitre  du 
territoire."     And  Vattcl,  before  cited,  1.  3,  s.  15,1  "Le 

would  be  the  dupe.  Let  us  see  then  wherein  consists  that  impartiality 
which  a  neutral  people  ought  to  observe. 

"  It  regards  war  only,  and  comprehends  two  tilings.  1st.  To  give  no 
succour  when  not  obliged  thereto  ;  not  to  furnish  freely,  either  troops,  arms, 
ammunition  or  any  thing  which  directly  serves  for  war.  I  say,  to  give  no 
succour  mid  not  to  give  it  equally :  for  it  would  be  absurd  in  a  state  to  suc- 
cour two  enemies  at  the  same  time.  And  besides  it  would  be  impossible  to 
do  it  with  equality,  the  same  things,  the  same  number  of  troops,  the  same 
quantity  of  arms,  ammunition,  &c.  furnished  in  different  circumstances,  are 
no  longer  equivalent  succours." 

»  "  Since  a  right  of  raising  soldiers  is  a  right  of  majesty,  which  cannot 
be  violated  by  a  foreign  nation,  it  is  not  permitted  to  raise  soldiers  on  the 
territory  of  another,  without  the  consent  of  its  sovereign." 

t  "  The  right  of  raising  soldiers  belonging  only  to  the  nation  or  its  sove- 
reign, no  one  can  enrol  them  in  a  foreign  country  without  the  permission  of 
the  sovereign.  Those  who  undertake  to  engage  soldiers  in  a  foreign  country, 
without  permission  of  the  sovereign — and  in  general  whomsoever  corrupts 
tie  subjects  of  others,  violates  one  of  the  most  sacred  rights  of  the  prince 
and  of  the  nation.  It  is  the  crime  which  is  called  plagiat  or  man-then. 
There  is  no  policed  state  which  does  not  severely  punish  it." 


STATE  PAPERS.  93 

droit  de  lever  des  soldats  appartenant  uniquemenl  a  la  na- 
tion ou  au  souverain,  personne  ne  peut  en  enroller  en  pays 
ctranger  sans  la  permission  du  souverain  ceux  qui  en- 
treprenent  d'engager  des  soldats  en  pays  etranger  sans  la 
permission  du  souverain  et  en  general  quiconque  debauche 
les  sujets  d'autrui,  viole  un  des  droits  les  plus  sacres  du 
prince  et  de  la  nation.  C'est  le  crime  qu'on  appelle 
plaigiat  ou  vol  d'homme.  II  n'est  aucun  etat  police  qui 
nc  le  punise  tres  severement,  &c."  For  I  choose  to  refer 
you  to  the  passage,  rather  than  follow  it  through  all 
its  developments.  The  testimony  of  these  and  other 
writers  on  the  law  and  usage  of  nations,  with  your  own 
just  reflections  on  them,  will  satisfy  you  that  the  United 
Stales,  in  prohibiting  all  the  belligerent  powers  from 
equipping,  arming  and  manning  vessels  of  war  in  their 
ports,  have  exercised  a  right  and  a  duty  with  justice,  and 
with  great  moderation.  By  our  treaties  with  several  of 
the  belligerent  powers,  which  are  a  part  of  the  laws  of  our 
land,  we  have  established  a  style  of  peace  with  them.  But 
without  appealing  to  treaties,  we  are  at  peace  with  them 
all  by  the  laws  of  nature ;  for,  by  nature's  law,  man  is  at 
peace  with  man,  till  some  aggression  is  committed,  which, 
by  the  same  law,  authorizes  one  to  destroy  another,  as  his 
enemy.  For  our  citizens  then  to  commit  murders  and 
depredations  on  the  members  of  nations  at  peace  with  us, 
or  to  combine  to  do  it,  appeared  to  the  executive,  and  to 
those  whom  they  consulted,  as  much  against  the  laws  of 
the  land  as  to  murder  or  rob,  or  combine  to  murder  or  rob, 
its  own  citizens ;  and  as  much  to  require  punishment,  if 
done  within  their  limits,  where  they  have  a  territorial  juris- 
diction, or  on  the  high  seas,  where  they  have  a  personal 
jurisdiction,  that  is  to  say,  one  which  reaches  their  own 
citizens  only ;  this  being  an  appropriate  part  of  each  na- 
tion on  an  element  where  all  have  a  common  jurisdiction. 
So  say  our  laws,  as  we  understand  them  ourselves.  To 
I  hem  the  appeal  is  made — and  whether  we  have  construed 
ilicin  well  or  ill,  the  constitutional  judges  will  decide.  Till 
that  decision  shall  be  obtained,  the  government  of  the 
United  States  must  pursue  what  they  think  right,  with  firm- 
ness,  as  is  their  duty.  On  the  first  attempt  that  was  made. 
the  President  was  desirous  of  involving  in  the  censures  of 
the  law,  as  few  as  might  be.  Such  of  the  individuals  only 
therefore,  as  were  citizens  of  the  United  States,  were  sin- 


$4  AM/CRICAlS 

gled  out  for  prosecution.  But  this  second  attempt  being, 
after  full  knowledge  of  what  had  been  done  on  the  first, 
and  indicating  a  disposition  to  go  on  in  opposition  to  the 
laws,  they  are  to  take  their  course  against  all  persons  con- 
cerned, whether  citizens  or  aliens  ;  the  latter,  while  within 
our  jurisdiction,  and  enjoying  the  protection  of  the  laws, 
being  bound  to  obedience  to  them,  and  to  avoid  distur- 
bances of  our  peace  within,  or  acts  which  would  commit  it 
without,  equally  as  citizens  are.  I  have  the  honour  to 
'he,  &c.  THOMAS  JEFFERSON. 


*Phe  Citizen  Genet,  Minister  Plenipotentiary  of  the  Republick 
of  France,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States.  Philadelphia,  June  22,  1793,  2d  year  of 
the  Republick. 

Sir, — Discussions  are  short,  when  matters  are  taken 
upon  their  true  principles.  Let  us  explain  ourselves  as 
republicans.  Let  us  not  lower  ourselves  to  the  level  of 
ancient  politicks  by  diplomatic  subtleties.  Let  us  be  as 
frank  in  our  overtures — in  our  declarations,  as  our  two 
nations  are  in  their  affections  ;  and  by  this  plain  and  sin- 
cere conduct,  arrive  at  the  object  by  the  shortest  way. 

All  the  reasonings,  sir,  contained  in  the  letter,  which  you 
did  me  the  honour  to  write  to  me  the  17th  of  this  month, 
are  extremely  ingenious ;  but  I  do  not  hesitate  to  tell  you, 
that  they  rest  on  a  basis  which  I  cannot  admit.  You  op- 
pose to  my  complaints,  to  my  just  reclamations,  upon  the 
footing  of  right,  the  private  or  publick  opinions  of  the 
President  of  the  United  States;  and  this  Egis  not  appear- 
ing to  you  sufficient,  you  bring  forward  aphorisms  of  Vat* 
icl,  to  justify  or  excuse  infractions  committed  on  positive 
treaties.  Sir,  this  conduct  is  not  like  ours.  In  arriving 
among  you,  1  have,  widi  candour,  said  that  the  French 
nation,  cherishing  the  interests  of  the  United  States  more 
than  their  own,  occupied  themselves  but  on  their  happi- 
ness, in  the  midst  of  surrounding  dangers,  and  instead  of 
pressing  them  to  fulfil,  towards  them,  all  the  obligations 
imposed  on  them  by  Our  treaties,  by  gratitude,  and  by 
provident  policy  ;  they  have  just  granted  new  favours  to 
their  commerce,  to  partake  with  them  the  benefits  of  its 
navigation,  opening  to  them  all  the  ports  in  the  two  worlds; 
in  a  word,  assimilating  them  to  her  own  citizens'. 


.b'uclr  amicable  and  disinterested  proceedings  should 
render  the  federal  government,  sir,  industrious  in  seeking 
at  least  all  the  means  of  serving  us  as  far  as  circumstances 
would  permit  them ;  but  instead  of  waiting  till  Congress 
)iad  taken  into  consideration  the  important  subjects  which 
should  already  have  occupied  them,  until  they  have  de- 
termined whether  the  war  of  liberty,  whether  the  fate  of 
France  and  her  colonies  were  indifferent  objects  for  Ame- 
rica, until  they  had  decided  whether  it  was  the  interest  of 
the  United  States  to  profit,  or  not,  of  the  situation  in  which 
French  magnanimity  places  them,  they  have  been  forward, 
Urged  on  by  I  know  not  what  iufluencc,  to  pursue  another 
conduct.  They  have  multiplied  difficulties  and  embar- 
rassments in  my  way.  Our  treaties  have  been  unfavoura- 
bly interpreted  :  Arbitrary  orders  have  directed  against  us 
the  action  of  the  tribunals ;  indeed,  my  diplomatic  recep- 
tion excepted,  I  have  met  with  nothing  but  disgust  and 
obstacles  in  the  negotiations  I  have  been  charged  with. 

It  is  not  thus  that  the  American  people  wish  we  should 
be  treated.  I  cannot  even  suppose,  and  I  wish  to  believe, 
that  measures  of  this  nature  were  not  conceived  in  the 
heart  of  General  Washington, — of  that  celebrated  hero  of 
liberty.  I  can  attribute  them  only  to  extraneous  impres- 
sions, over  which  time  and  truth  will  triumph.  I  request 
you  therefore,  sir,  to  lay  before  this  first  magistrate  of  your 
Republick  the  two  enclosed  protests,  which  have  been  just 
Transmitted  to  me  by  the  consuls  of  the  Republick  of 
France  at  New  York  and  Philadelphia.  You  will  see 
therein  that  these  officers  complain,  that  French  prizes,  the 
jurisdiction  of  which  belongs  exclusively  to  the  consular 
Tribunals,  have  been  seized  in  these  two  ports-,  by  orders 
•f  the  President,  I  expect  from  the  equity  of  the  federal 
government,  sir,  the  immediate  redress  of  these  irregulari- 
ties ;  and  1  venture  to  hope*  also,  that  the  President  would 
be  pleased  to  examine  again  the  affair  of  the  ship  Republi- 
can, of  New  York,  and  consider  whether  (independent  of 
the  right  which  we  have  to  fit  out  privateers)  any  of  the 
expressions  used  by  consul  Hauterive,  to  reclaim  the  giving 
up  of  the  seizure  made  of  that  vessel,  proves  that  she  has 
been  armed  for  this  purpose.  The  citizen  Hauterive  ha* 
clearly  shown,  on  the  contrary,  that  she  was  armed  by 
Frenchmen,  at  a  time  when  the  most  religious  of  all  duties 
pmm.pt ed  them  to  ftv  from  t\\\  parts'  of  thr  world  fr»  thf" 


96  AMERICAN 

succour  of  their  country,  and  to  fulfil  towards  her  those 
duties  to  which  the  Americans  would  be  equally  bound,  if 
we  had  not  the  desire  to  leave  to  their  wisdom  and  their 
honour  the  umpirage  of  their  conduct.  It  is  incontestable, 
that  the  treaty  of  commerce  (art.  xxn)  expressly  autho- 
rizes our  arming  in  the  ports  of  the  United  States,  and 
interdicts  that  privilege  to  every  enemy  nation.  Besides 
this  act  forms  but  a  part  of  our  conventional  compacts,  and 
it  is  in  them,  collectively,  that  we  ought  to  seek  contracts  of 
alliance  and  of  commerce  simultaneously  made,  if  we  wish 
to  take  their  sense,  and  interpret  faithfully  the  intentions 
of  the  people  who  cemented  them,  and  of  the  men  of  genius 
who  dictated  them.  If  you  cannot  protect  our  commerce, 
and  our  colonies,  which  will,  in  future,  contribute  much 
more  to  your  prosperity  than  to  our  own,  at  least  do  not 
arrest  the  civism  of  our  own  citizens,  do  not  expose  them 
to  a  certain  loss,  by  obliging  them  to  go  out  of  your  ports 
unarmed.  Do  not  punish  the  brave  individuals  of  your 
nation,  who  arrange  themselves  under  our  banner,  know- 
ing perfectly  well,  that  no  law  of  the  United  States  gives 
to  the  government  the  sad  power  of  arresting  their  zeal  by 
acts  of  rigour.  The  Americans  are  free ;  they  are  not 
attached  to  the  glebe  like  the  slaves  of  Russia  ;  they  may 
change  their  situation  when  they  please,  and  by  accepting, 
at  this  moment,  the  succour  of  their  arms  in  the  habit  of 
trampling  on  tyrants,  we  do  not  commit  the  plagiat  of 
which  you  speak.  The  true  robbery,  the  true  crime,  would 
be  to  enchain  the  courage  of  these  good  citizens,  of  these 
•sincere  friends  to  the  best  of  causes. 

I  am  ignorant,  sir,  of  the  constitutional  judges  to  whom 
the  federal  government  appear  to  have  it  in  contemplation 
to  refer  the  different  questions  of  publick  right,  which  have 
arisen  between  us  ;  but  it  appears  to  me,  that  these  judges 
can  be  looked  upon  only  as  counsellors,  since  no  particu- 
lar tribunal  has  the  right  or  power  to  interpose  between 
two  nations,  whose  only  arbiters,  when  they  have  a  sin- 
cere desire  to  live  fraternally  and  amicably  together,  must 
be,  in  the  present  state  of  human  societies,  good  faith  and 
reason. 

Accept,  sir,  the  expression  of  my  esteem,  and  my  re- 
spectful sentiments.  GENET. 


STATE  PAPERS.  97 

TRANSLATION. 

CONSULATE   OF    NEW  YORK. 

Protest  of  Citizen  Hauterive,  Consul  of  the  Republick  of 

France,  at  New  York,  against  the  process  and  seizure  of 

the  Catherine  of  Halifax. 

Considering  that  tribunals  are  instituted  to  render  jus- 
tice between  individuals,  and  not  to  judge  of  the  differences 
that  may  arise  between  governments,  and  still  less  to  de- 
cide on  the  political  relations  which  exist  between  nation 
and  nation  ;  That  their  sphere  is  circumscribed  within  the 
territorial  limits  of  the  state  to  which  they  belong ;  That 
there  cannot  be  any  relation  of  dependence  between  the 
tribunals  which  therein  belong  to  two  different  nations  ; 

That  the  consular  jurisdiction  is  an  extension,  and  a 
first  degree  of  jurisdiction  of  the  tribunals  of  commerce 
and  of  admiralty,  instituted  in  foreign  countries  by  the 
nation  to  which  the  political  conventions  have  given  the 
right  of  consulate  as  well  as  the  right  of  recurring  to  the 
publick  force,  to  ensure  the  execution  of  the  consular  dis- 
cussions ; 

That  the  limits  of  this  jurisdiction  depend  only  on  the 
foreign  government  which  has  established  it,  and  that  this 
government  may  extend  or  contract  it  at  pleasure,  pro- 
vided it  does  not  attribute  to  it  any  action  against  the  per- 
sons, the  property,  the  police  and  the  local  jurisdiction ; 

That  in  attributing  to  these  tribunals  dependent  upon 
it,  that  which  belongs  to  another  equally  dependent  upon 
it,  a  government  does  not  go  beyond  the  limits  of  this 
power ; 

That  recently  the  French  government  hath  given  to  the 
consulates  of  the  Rcpublick  the  jurisdiction  of  sea-prizes, 
and  has  thus  completely  constituted  them  courts  of  admi- 
ralty ; 

That  by  that  it  only  displaces  one  of  the  branches  of  the 
judiciary  power;  That  the  geographical  position  of  a  le- 
gally established  tribunal  neither  alters  the  force,  nor 
'•\tent,  nor  independence  of  its  jurisdiction  ; 

That  all  intervention  direct  or  indirect,  as  to  the  French 
prizes,  being  formally  interdicted  the  tribunals  of  the 
country,  the  admiralties  of  the  two  nations,  however  they 
may  locally  approach  each  other,  arc  not  the  less  separated 
from  one  another  by  the  insurmountable  barrier  of  politi- 
cal right; 

vol.   i.  U 


93  AilERICA.V 

That  thus  a  French  prize,  remaining  in  a  neutral  port 
in  virtue  of  treaties,  is  submitted  to  the  consular  admiralty 
in  virtue  of  the  right  which  nations  have  of  organizing  at 
pleasure  their  judicatures,  is  as  much  sheltered  from  the 
action  of  any  other  local  tribunal,  as  if  it  were  in  a  French 
road; 

For  all  these  reasons,  we,  Alexander  Hauterive,  consul 
of  the  Republick  of  France,  considering  that  the  New  York 
district  court  has  extended  its  jurisdiction  to  a  French 
prize,  the  decision  of  which  was  pending  in  our  tribunal : 

That  this  intervention,  prescribed  by  the  treaties,  not 
only  tends  to  establish  a  clashing  of  jurisdiction  between 
two  tribunals,  which  cannot  have  communication  together, 
but  also  to  the  annihilation  of  the  consular  tribunal,  which 
is  reduced  to  nothing  as  soon  as  the  publick  force,  which 
the  treaties  have  given  it  the  right  of  demanding  to  sup- 
port its  judgments,  is  employed  against  it ; 

That  if  this  errour  of  the  judiciary  power  could  be  au- 
thorized by  the  government,  we  must  suppose  that  the 
government  has  the  right  of  interpreting,  modifying  or  de- 
stroying the  political  compacts  which  unite  the  two  nations, 
by  the  information  and  decision  of  the  tribunals  of  one  of 
these  two  nations ; 

We  protest  against  the  violation  done  to  the  rights  of 
the  nation  we  represent ;  we  declare  formally,  that  what- 
ever may  be  the  decisions  of  the  tribunal,  which  has  arro- 
gated to  itself  the  judgment  of  the  prize  Catherine  of  Hali- 
fax, to  the  injury  of  the  consulate  jurisdiction,  the  parties 
interested,  who  are  amenable  only  to  our  tribunal,  are  not 
bound  to  conform  to  it.  We  declare  this  judgment  to  be 
null,  and  of  no  effect  whatever;  1st,  By  the  notoriety  of 
the  incompetency  of  the  tribunal.  2d,  Because  it  would 
be  given  in  contempt  of  our  protest.  3d,  Because  it 
would  be  formed  on  insufficient  information,  the  principal 
papers  to  elucidate  the  discussion  being  in  our  hands, 
never  to  go  out  of  them.  4th,  Because  the  French  Re- 
publick being  one  of  the  parties,  it  would  be  necessary,  in 
order  to  proceed  regularly,  that  the  judges  should  find  in 
the  American  laws,  that  the  French  nation  is  amenable,  in 
its  political  rights,  to  a  private  tribunal,  and  that  they  may 
be  condemned  by  default. 

We  declare,  in  fine,  that  these  rights  shall  remain  entire, 
saving  the  requisition  of  damages  and  interest  to  the  par- 
ties interested,  and  the  demand  of  reparation  for  that  of 


STATE    PAPERS.  99 

the  two  nations,  who,  in  the  diplomatic  judgment,  (the 
only  competent  arbiter  between  friendly  nations)  will  be 
acknowledged  injured  in  its  rights. 

Further  we  declare,  that  the  judgment  of  the  fact  is  still 
pending  in  the  consular  tribunal  of  the  Republick  at  New 
York. 

New  York,  June  21,  1793,  2d  year  of  the  French  Re- 
publick.    Certified  to  be  conformable  to  the  original. 

Protest  of  the  Consul  of  the  Republick  of  France  against  the 
seizure  of  the  ship  William. 

Considering  that  no  authority  on  earth  has  either  the 
right  or  the  power  of  interposing  between  the  French  na- 
tion and  her  enemies;  That  she  alone  is  the  arbiter  and 
judge  of  the  offensive  acts  which  the  support  of  her  inde- 
pendence obliges  her  to  commit  against  the  despotick 
governments  coalesced  to  replunge  her  into  a  state  of  ser- 
vitude, from  which,  abandoned  by  her  friends,  and  assailed 
by  so  many  enemies,  she  alone  has  been  able  to  liberate 
herself;  That  the  Court  of  Admiralty  at  Philadelphia, 
yielding  at  first  to  illfounded  reclamations,  since  recalling 
herself  to  the  principles  of  the  law  of  nations,  has  ac- 
knowledged its  incompetency  to  the  decision  on  the  legali* 
ty  of  French  prizes  ; 

That  hence  it  evidently  results,  that  no  local  authority 
can  lake  upon  itself  the  information  of  a  discussion  which 
arises,  or  may  arise,  between  nation  and  nation ; 

That  nevertheless  the  federal  government  has  placed  a 
guard  on  the  ship  William,  taken  by  the  French  galliot 
the  Citizen  Genet,  and  by  this  matter  of  fact  seems  to  de- 
clare, that  previous  to  all  discussion,  it  meant  to  interfere 
in  the  examination  of  the  right,  and  in  the  decision  of  the 
facts ; 

That  if  the  government  interferes  as  local  authority  in 
die  judgment  of  the  facts,  they  deny  and  violate  the  prin- 
ciple expressly  declared  in  the  17th  article  of  the  treaty 
between  America  and  Fiance ; 

That  if,  as  a  power  invested  by  the  nation  to  communi- 
cate with  foreign  governments,  they  interfere  in  the  ex- 
amination of  the  right,  they  proceed  previously  by  " 
method  till  this  day  unknown,  in  preceding  a  diplomatic, 
discussion  by  an  arbitrary  and  violent  act,  and  by  an  exe- 
cution purely  military ; 

For  all  these  reasons,  we,  Francis  Dupont,  consul  of 


100  AMERICAN" 

the  French  Republick  at  Philadelphia,  formally  protest 
against  the  infringement  committed  on  the  rights  of  the 
French  nation  by  the  local  government  of  Philadelphia. 

We  declare,  that  having  proceeded  in  a  judiciary  man- 
ner to  the  sale  of  the  said  ship,  and  that  being  accounta- 
ble, in  the  name  of  the  French  nation,  to  the  purchasers 
of  the  property  acquired  by  them,  we  throw  upon  tho 
government,  who  has  created  these  obstacles  to  acquiring 
the  possession,  all  the  damages  and  interest. 

We  declare  further,  that  in  informing  the  minister  of  the 
French  Republick  of  the  violence  opposed  to  the  exercise 
of  our  functions,  we,  in  his  name,  reserve  by  the  present, 
protest,  the  pursuit  in  reparation  for  the  violation  of  the 
conventional  compacts,  and  the  outrage  against  the  French 
nation  in  the  ministry  of  its  agents. 

Done  in  our  consulate,  Philadelphia,  22d  June,  1793, 
2d  year  of  the  French  Republick. 

FROIS.  DUPONT. 

Mr.  Jefferson,  Secretary  of  State,  to  the  Minister  Plenipo- 
tentiary of  France.     Philadelphia,  June  11,  1793. 

Sir, — I  had  the  honour  of  laying  before  the  President 
your  memorial  of  the  22d  of  May,  proposing  that  the  Unit- 
ed States  should  now  pay  up  all  the  future  instalments  of 
their  debt  to  France,  on  condition  that  the  sum  should  be 
invested  in  produce.  The  President  having  fully  delib- 
erated on  the  subject,  I  have  now  the  honour  of  enclosing 
you  a  report  from  the  treasury  department,  made  in  con- 
sequence thereof,  and  explaining  the  circumstances  which 
prevent  the  United  States  from  acceding  to  that  propo- 
sition. 

In  fact,  the  instalments  as  they  are  settled  by  the  con- 
vention between  the  two  nations  far  exceed  the  ordinary 
resources  of  the  United  States.  To  accomplish  them  com- 
pletely and  punctually,  we  are  obliged  to  anticipate  tho 
revenues  of  future  times,  by  loans  to  as  great  an  extent  as 
we  can  prudently  attempt.  As  they  are  arranged  how- 
ever by  the  convention,  they  give  us  time  for  successive 
and  gradual  efforts.  But  to  crowd  these  anticipations  all 
into  a  single  one,  and  that  to  be  executed  in  the  present 
instant,  would  more  than  hazard  that  state  of  credit,  the 
preservation  of  which  can  alone  enable  us  to  meet  the 
different  payments  at  the  times  agreed  on.  To  do  even 
this,  hitherto,  has  required,  in  the  operations  of  borrowing, 


STATE    PAPERS.  101 

time,  prudence  and  patience ;  and  these  operations  are 
still  going  on  in  all  the  extent  they  will  bear.  To  press 
them  beyond  this,  would  be  to  defeat  them  both  now  and 
hereafter.  We  beg  you  to  :be '.assured,  and  through  you 
to  assure  your  nation,  that  among  the  important  reasons 
which  lead  us  to  economise  a  yd  foster!  our «puM ick ,«$redit, 
a  strong  one  is,  the  desire  of j  preserving'  to  tmrfeelves  the 
means  of  discharging  our  debt  to  them  with  punctuality 
and  good  faith,  in  the  times  and  sums  which  have  been 
stipulated  between  us.  Referring  to  the  enclosed  report 
for  a  more  particular  development  of  the  obstacles  of  the 
proposition,  I  have  the  honour  to  assure  you  of  the  senti- 
ments of  particular  esteem  and  respect  with  which  I  am, 
sir,  your  obedient  and  humble  servant, 

Til :  JEFFERSON. 

The  Secretary  of  the  Treasury,  to  whom  was  referred  a  com' 
munication  from  the  Minister  Plenipotentiary  of  the  Re- 
publish of  France,  on  the  subject  of  the  debts  of  the  United 
States  to  France,  respectfully  makes  thereupon  the  follow- 
ing Report : 

The  object  of  this  communication  is  to  engage  the 
United  States  to  enter  into  an  arrangement  for  discharging 
the  residue  of  the  debt  which  they  owe  to  France,  by  an 
anticipated  payment  of  the  instalments  not  yet  due,  either 
in  specie  or  bank  bills  of  equal  currency  with  specie,  or 
in  government  bonds,  bearing  interest  and  payable  at 
certain  specified  periods,  upon  condition  that  the  sum  ad- 
vanced shall  be  invested  in  productions  of  the  United 
States,  for  the  supply  of  the  French  dominions. 

With  regard  to  the  first  expedient,  namely,  a  payment 
in  specie  or  bank  bills,  the  resources  of  the  treasury  of  the 
United  State's  do  not  admit  of  its  being  adopted.  The 
government  has  relied,  for  the  means  of  reimbursing  its 
foreign  debt,  on  new  loans  to  be  made  abroad.  The  late 
events  in  Europe  have  thrown  a  temporary  obstacle  in  the 
way  of  these  loans,  producing,  consequently,  an  inability, 
to  make  payment  by  anticipation  of  (he  residue  of  the  debt 
hereafter  to  grow  due. 

With  regard  to  the  second  expedient,  that  of  govern- 
ment bonds  payable  at  certain  specified  periods;  this  in 
substance,  though  in  other  forms,  has  repeatedly  come 
under  consideration,  and  has  as  often  been  declined  as 
ineligible.      («'rcat.   inconveniences  to  the  credit  of   the 


102  AMERICAN 

government,  tending  to  derange  its  general  operations  of 
finance,  have  been  anjd  must  continue  to  be  perceived  in 
every  plan  which  is  calculated  to  throw  suddenly  upon 
the  marked  a  large/  adkjitional  sum  of  its  bonds.  The 
present  state  of  things  for  obvious  reasons  would  serve  to 
augment  $4  .evil1  of,  jsttclf  a. circumstance,  while  the  exist- 
ing and  possible  exigeiicies*  of  4'he  United  States  admonish 
them  to  be  particularly  cautious,  at  this  juncture,  of  any 
measure  which  may  tend  to  hazard  or  impair  their  credit. 

These  considerations  greatly  outweigh  the  advantage 
which  is  suggested  as  an  inducement  to  the  measure  (the 
condition  respecting  which  is  the  principal  circumstance 
of  the  difference  between  the  present  and  former  proposi- 
tions) to  arise  from  an  investment  of  the  sum  to  be  ad- 
vanced in  the  products  of  the  country ;  an  advantage  on 
which  perhaps  little  stress  can  be  laid  in  the  present  and 
probable  state  of  foreign  demand  for  these  products. 

The  motives,  which  dissuade  from  the  adoption  of  the 
proposed  measure,  may,  it  is  conceived,  be  the  more 
readily  yielded  to,  from  the  probability  that  the  utility  of 
it  to  France  might  not,  on  experiment,  prove  an  equiva- 
lent for  the  sacrifices  which  she  might  have  to  make  in  the 
disposition  of  the  bonds.  All  which  is  humbly  submitted. 
ALEXANDER  HAMILTON,  Sec'y  of  the  Treasury. 
Treasury  Department,  June  8,  1 793. 

A  true  copy,  TOBIAS  LEAR, 

Secretary  to  the  President  of  the  United  States. 


TRANSLATION. 

The  Citizen  Genet.  Minister  Plenipotentiary  of  the  Repvblick 
of  France,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States.  Philadelphia,  June  1 4,  1793,  "2d  year  of 
the  French  Republick. 

Sir, — It  is  the  character  of  elevated  minds,  of  freemen, 
not  to  expose  themselves  twice  to  a  refusal.  I  have  re- 
quested you  to  make  known  to  the  President  of  the  United 
States  the  urgent  necessities  of  the  French  Republick.  I 
have  not  hidden  from  you,  that,  having  armed  near  a  mil- 
lion of  soldiers,  they  have  experienced  a  considerable  de- 
ficiency in  their  produce ;  and  that  they,  with  their  colo- 
nies, would  be  consigned  to  the  horrours  of  famine,  if  the 
United  States  should  not  furnish  them,  on  account  of  their 
debt,  a  part  of  the  subsistence,  which  they  want.     I  have 


STATE    PAPERS.  103 

offered  you,  in  virtue  of  my  powers,  to  take  in  payment, 
in  default  of  money,  bills,  or  obligations  of  the  state,  bear- 
ing interest  till  the  epoch  fixed  by  our  convention,  for  the 
reimbursement  of  your  debt.  I  have  endeavoured  to  con- 
vince you  of  the  advantages  which  would  result  from  this 
operation  for  the  two  countries,  and  more  particularly  for 
America,  at  a  time  when  they  have  a  superabundance  ot 
grain  and  flour ;  but  observing,  sir,  by  the  letter  which 
you  wrote  to  me  on  the  1 1  th  June,  and  by  the  report  of 
the  Secretary  of  the  Treasury,  that  none  of  our  proposi- 
tions have  been  accepted ;  without  entering  into  the  finan- 
cial reasons  which  operate  this  refusal,  without  endeavour- 
ing to  prove  to  you  that  it  tends  to  accomplish  the  infernal 
system  of  the  king  of  England,  and  of  the  other  kings,  his 
accomplices,  to  destroy  by  famine  the  French  republicans 
and  liberty,  I  attend,  on  the  present  occasion,  only  to  the 
calls  of  my  country,  and  as  its  necessities  and  those  of  the 
colonies  become  daily  more  pressing,  as  it  has  charged 
me  to  provide  for  them  at  whatever  price  it  might  be,  I 
request  you,  sir,  to  inform  the  President  of  the  United 
States,  that,  being  authorized  in  the  name  of  the  French 
Republick  to  give  assignments  to  the  American  merchants 
or  farmers,  in  payment  of  the  provisions  they  may  furnish, 
from  the  want  of  new  advances  on  the  part  of  the  United 
States,  I  request,  in  order  to  place  me  in  a  situation  to  use 
this  power,  that  he  prescribe  to  the  Secretary  of  the  Trea- 
sury to  adjust  with  me  immediately  the  amount  of  the  debt* 
of  the  United  States  to  France. 

The  expedient  to  which  I  am  about  to  have  recourse, 
will,  probably,  be  onerous  to  the  French  nation,  but  as 
the  federal  government  thinks  it  may  take  on  itself  to  place 
us  under  the  necessity  of  employing  it,  without  consulting 
Congress  upon  so  important  a  matter,  I  am  obliged  to  fol- 
low my  instructions.  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Citizen  Genet,  Minister 
of  France.     Philadelphia,  June  10,  1703. 

Sir, — According  to  the  desire  expressed  in  your  letter 
of  the  14th  instant,  the  President  will  give  the  instructions 
necessary  for  the  settlement  of  the  instalments  of  principal 
and  interest  still  due  from  the  United  States  to  France. 
This  is  an  act  equally  just  and  desirable  for  both  parties  : 
and  although  if  had  not  been   imagined  thai  the  materials 


104  AMERICAN 

for  doing  it  were  to  be  had  here  at  this  moment,  yet  we 
shall  be  pleased  to  find  that  they  may.  In  the  mean  time, 
what  is  further  to  be  done  will  doubtless  be  the  subject  of 
further  reflection  and  inquiry  with  you ;  and  particularly 
the  operation  proposed  in  your  letter  will  be  viewed  under 
all  its  aspects.  Among  these,  we  think  it  will  present 
itself  as  a  measure  too  questionable  both  in  principle  and 
practicability,  too  deeply  interesting  to  the  credit  of  the 
United  States,  and  too  unpromising  in  its  result  to  France, 
to  be  found  eligible  to  yourself.  Finally  we  rest  secure 
that  what  is  of  mutual  concern  will  not  be  done  but  with 
mutual  concert.     I  have  the  honour  to  be.  &c. 

THOMAS  JEFFERSON. 


TRANSLATION. 

The  Citizen  Genet,  Minister  of  the  Republick  of  France,  to 
Mr.  Jefferson,  Secretary  of  State  of  the  United  States. 
Philadelphia,  June  15,  1793,  2d  year  of  the  Republick. 

Sir, — The  citizen  Hauterive,  consul  of  the  Republick 
at  New  York,  has  this  moment  informed  me,  that  a  discus- 
sion has  arisen  between  him  and  the  government  of  the 
state  in  which  he  resides,  respecting  the  Embuscade  frigate, 
upon  a  point  of  right.  The  question  is,  whether  in  a 
neutral  port,  an  armed  vessel  ought  to  allow  a  truce  of 
twenty-four  hours  to  enemy  vessels  to  go  out  of  it  ?  The 
citizen  Hauterive  received  a  formal  requisition  on  this 
subject,  from  the  governour,  relative  to  the  departure  of 
the  English  packet,  who,  without  saying  positively,  that 
the  local  government  had  a  right  to  hinder  the  frigate's 
going  out  before  the  expiration  of  the  truce  of  twenty-four 
hours,  and  that  he  would  use  such  right,  gave  him  to  under- 
stand, and  appeared  to  believe  that  it  was  universal. 

The  citizen  Hauterive,  sir,  has  confined  himself  to  a 
reference  of  this  matter  to  me,  requesting  instructions  on 
the  subject  for  himself  and  the  captain  of  the  frigate.  1 
enclose  herein  a  copy  of  those  which  I  have  just  transmit- 
ted to  him.  They  have  been  drawn  up  on  mature  exami- 
nation of  the  question ;  and  though  my  opinion  differs 
essentially  from  that  of  the  governour  of  New  York,  I  am 
persuaded  that  the  President  of  the  United  States,  after 
having  taken  into  consideration  the  authorities  and  rea- 
sonings which  have  guided  me  in  tracing  to  the  consul  oi 


STATE    PAPERS.  105 

the  Republick  the  conduct  he  ought  to  pursue,  will  trans- 
mit to  the  governour  of  New  York  orders  worthy  of  his 
justice  and  impartiality.  GENET. 


TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  Repub- 
lick of  France,  to  the  Citizen  Hauterive,  Consul  at  New 
York.     Philadelphia,  June  15,  1793,  2d  year  of  the  Re- 
publick of  France. 

I  iiave  read  with  great  attention,  citizen,  the  report  you 
transmitted  to  me  on  the  1 3th  of  this  month,  and  in  which, 
after  having  given  an  account  of  the  discussion  which  has 
arisen  between  you  and  the  governour  of  New  York,  rela- 
tive to  the  frigate  of  the  Republick,  the  Embuscade,  you 
present  for  my  solution,  in  order  to  guide  your  future  con- 
duct, the  following  question,  which  gave  rise  to  it,  to  wit : 
"  Whether,  in  a  neutral  port,  an  armed  vessel  belonging 
to  a  belligerent  power  should  allow  a  truce  of  twenty-four 
hours  to  enemy  vessels,  desiring  to  go  out."  If  it  were 
necessary,  citizen,  to  commence  a  polemick  on  this  ques- 
tion, I  should  observe  to  you  first,  that  it  has  been  badly 
stated,  and  that  not  only  the  duration  of  the  truce,  but  also 
the  time  at  which  it  shall  commence  should  have  been  de- 
fined ;  but  this  investigation  is  superfluous.  The  question 
which  you  propose  to  me,  citizen,  is  long  since  decided 
by  the  European  powers,  who  have  regulated  withVach 
other  the  principles  of  neutrality.  These  principles  may 
be  found  in  the  maritime  convention  of  the  northern 
powers,  in  the  different  treaties  of  commerce  which  these 
same  powers  have  mutually  entered  into ;  in  fine,  in  those 
which  Russia  has  concluded  with  France,  Austria,  Portu- 
gal and  the  two  Sicilies,  and  none  of  these,  entered  into 
with  the  view  to  favour  the  navigation  of  neutral  nations, 
have  had  the  awkwardness  to  make  mention  of  a  truce  to 
be  given  by  the  armed  vessels  of  the  powers  at  war  to 
the  enemy  vessels  of  those  powers  which  may  be  found  In 
neutral  ports. 

The  first  of  the  four  maxims  of  neutrals  which  almost 
every  nation,  England  excepted,  regards  as  the  palladium 
of  commerce,  is  that  every  vessel  may  navigate  freely 
from  port  to  port,  on  the  coasts  of  nations  at  war.  This 
right,  derived  from  the  right  of  nature,  is  necessarily  re- 
ciprocal ;  the  powers  who  have  acceded  to  the  principles 
vor.  n  T4 


108  AMERICAN 

of  the  neutrality,  have  never  contested  it ;  and  I  cannot 
tell  you,  citizen,  how  much  I  am  surprised  that  the  gover- 
nour  of  the  state  of  New  York  should  take  the  advantage 
of  the  political  opinions  promulgated  by  the  United  States, 
to  subject  our  vessels  of  war  to  an  indefinite  truce,  which 
would  be  a  dangerous  restraint,  contrary  to  the  letter,  to 
the  spirit  of  our  treaties,  and  which  at  most  could  be 
required  from  a  vessel  of  an  indifferent  state,  with  whom 
neither  obligation  nor  engagement  has  been  contracted. 

In  the  present  state  of  things,  citizen,  all  that  the  govern- 
ment of  the  United  States  can  require,  is  that  we  commit 
no  hostility  against  our  enemies,  on  the  territory  and  in  the 
waters  of  the  United  States,  and  in  renewing  to  you  the 
order,  attentively  to  observe  that  our  vessels  attend  to  this 
reservation,  I  recommend  that  you  oppose  with  energy, 
analogous  to  the  sentiments  of  friendship  which  we  have 
avowed  to  the  United  States,  every  act  or  every  step, 
which  would  deprive  our  vessels,  armed  or  unarmed,  of 
the  liberty  they  ought  to  enjoy  in  the  ports  of  the  United 
States,  in  virtue  of  our  treaties,  and  in  virtue  of  the  only 
principles  which  have  been  diplomatically  established  on 
the  rights  of  neutral  nations,  which  as  I  have  already  said 
being  founded  on  the  right  of  nature,  the  basis  of  the 
rights  of  man,  implicitly  comprehend  reciprocity,  an  ele- 
mentary condition  of  all  the  acts  dictated  by  equal  and 
impartial  justice. 

Let  those  who  have  another  code  and  other  titles  to 
present  to  us,  produce  them  5  and  in  the  mean  while,  the 
English  of  New  York,  instead  of  unreasonably  putting 
themselves  under  the  protection  of  principles  which  their 
government  has  always  disdained  to  acknowledge,  and 
which  it  has  violated  in  all  wars,  keep  themselves  quiet  or 
run  the  chance  of  sailing  in  the  presence  of  our  forces. 

Certified  conformable  to  the  original.  GENET. 

TRANSLATION. 

The  Citizen  Genet ,  Minister  of  the  French  Republick,  to  Mr* 
Jefferson,  Secretary  of  Slate  for  the  United  States,  Phila- 
delphia, June  18,  1793,  2d  year  of  the  Republick. 

Sir, — I  have  examined  the  correspondence  which  ha? 
taken  place  between  you  and  my  predecessor,  relative  to 
the  requisition  of  funds  which  he  has  made  on  the  federal 
government,  to  pay  off  certain  draughts  of  the  administra- 


STATE  PAPERS.  !07 

tors  of  Saint  Domingo,  and  to  procure  provisions  for  that 
colony.  I  pay  due  respect,  sir,  to  the  justness  of  the  ob- 
servations which  you  transmitted  to  the  citizen  Ternant, 
on  the  subject  of  this  request.  Forced  from  his  circum- 
spection by  the  pressing  instances  of  the  administrators  of 
Saint  Domingo,  I  conceive  that  this  requisition  must  have 
embarrassed  your  government  infinitely,  and  under  this 
view,  I  feel  all  the  obligations  we  owe  you,  for  having,  as 
you  yourself  expressed  it,  less  consulted  prudence  than 
friendship,  in  yielding  to  it.  You  have  with  propriety 
remarked,  sir,  that  the  decree  which  appropriated  for  the 
necessities  of  the  colonies  four  millions  from  the  debt  of  the 
United  States  to  France,  not  being  yet  transmitted  to  the 
federal  government,  in  the  usual  official  form,  should  not 
have  an  application  so  positive,  so  determined  as  that 
which  the  commissioners  of  the  administration  of  Saint 
Domingo  had  given  it ;  and  that  it  was  probable  the  minis- 
ters of  France  had  had  recourse,  in  order  to  supply  the 
wants  of  this  colony,  to  operations  of  another  nature  than 
those  which  took  place.  In  fact,  sir,  the  draughts  for  the 
payment  of  which  the  commissioners  of  Saint  Domingo, 
pressed  by  imperious  circumstances,  have,  in  some  degree, 
obliged  the  citizen  Ternant  to  demand  funds  of  you,  have 
neither  been  authorized  by  the  National  Convention,  nor 
by  the  Executive  Council ;  and  I  must  even  inform  you, 
that  I  am  forbidden  to  pay,  out  of  the  funds  placed  at  my 
disposal,  any  other  than  those  draughts  which  shall  have 
been  accepted  by  the  consul  La  Forest,  in  virtue  of  orders 
from  my  predecessor.  But,  on  my  arrival  here,  I  was 
informed  that  this  consul  had  received  orders  from  the 
minister  plenipotentiary  to  register  all  draughts  issued  by 
the  administration  of  Saint  Domingo,  and  to  pay  them  out 
of  the  new  funds  which  the  federal  government  had  provi- 
sionally granted,  on  the  basis  of  the  decree  of  the  26lh 
June*  although  it  was  not  officially  notified.  I  have  not 
thought  proper,  sir,  to  stop  suddenly  the  payment  of  these 
draughts,  in  the  hope  that  the  mode  of  reimbursing  your 
debt,  which  you  at  my  request  have  laid  before  the  Presi- 
dent of  the  United  States,  would  be  adopted  by  him,  and 
give  me  the  means,  1st,  to  honour  the  draughts  registered 
by  my  predecessor,  the  payment  of  which  had  been  order- 
ed by  him — 2dly,  to  provide  at  the  same  time  for  the 
urgent  necessities  of  France  and  her  colonies  :  but  having 
been  deceived  in  my  expectation  by  motives  which  are 


108  AMERICAN 

not  for  me  to  examine,  I  find  myself  deprived  of  the  ad- 
vantage of  conciliating  all  interests,  and  constrained  to 
obey  only  the  empire  of  circumstances,  which  prescribe 
me  to  suspend  the  payment  of  the  colonial  draughts,  and 
to  employ  the  funds  destined  for  their  acquittal  to  the 
purchase  of  provisions  for  France  and  her  colonies.  This 
arrangement,  sir,  need  not  alarm  either  the  bearers  of  the 
registered  draughts,  or  those  of  the  other  draughts  issued 
and  not  registered  of  the  administration  of  Saint  Domingo 
and  other  colonies  of  the  French  Rcpublick.  The  nation 
will  certainly  fulfil  towards  them  the  engagements  con- 
tracted by  its  agents.  I  know  that  they  have  destined 
particular  funds  for  this  purpose.  I  also  know  that  the 
colonies  have  made  contributions  in  kind,  to  fulfil  their 
obligations,  and  provide  themselves  for  a  part  of  their 
wants,  and  it  is  according  to  these  ideas  that  I  have  de- 
termined to  have  inserted,  in  the  publick  papers,  the 
enclosed  information,  the  intention  of  which  is  to  calm 
inquietudes  of  the  bearers  of  the  draughts  which  I  am 
obliged  to  set  aside,  and  to  encourage  the  citizens  of  the 
United  States  to  continue  to  carry  succour  to  their  brothers 
the  French  republicans  of  the  Antilles,  whose  fate  de- 
pends on  this  generous  act ;  without  which  the  French 
colonies  will  be  reduced  by  famine  to  put  themselves  un- 
der a  government  whose  commercial  principles  would  not 
assuredly  be  so  advantageous  to  the  United  States,  as 
those  which  an  enlightened  policy  and  unlimited  attach- 
ment for  the  American  people  have  led  us  to  embrace. 

GENET. 

Citizen  Genet,  Minister  Plenipotentiary  of  the  French  Re- 
publick, to  the  Citizens  of  the  United  States. 
Whereas  several  American  citizens  who  have  furnished 
provisions  to  the  colonies  of  the  French  Republick  in  the 
West-Indies,  have  received  bills  drawn  by  the  administra- 
tors of  the  respective  colonies  on  citizen  La  Forest,  late 
Consul  General  of  the  Republick  in  the  United  States, 
and  lately  on  myself,  in  payment  for  such  supplies,  I  in- 
form them  that  these  draughts  will  certainly  be  paid,  the 
National  Convention  having  appropriated  large  sums  for 
that  object.  But  as  I  am  not  yet  authorized  to  discharge 
them,  I  can  only  in  the  mean  while  advise  the  holders  of 
such  bills  as  have  not  yet  been  registered  by  citizen  La 
Forest,  to  have  them  recorded  in  the  office  of  citizen  Du- 


STATE    PAPER3.  10& 

pont,  Consul  of  the  French  Republick  at  Philadelphia,  in 
order  to  ascertain  the  dates  of  their  presentation  ;  at  the 
same  time  I  cannot  too  much  encourage  the  citizens  of 
the  United  States  to  continue  to  assist,  with  unremitting 
exertions,  their  republican  brethren  of  the  French  West- 
Indies,  whose  existence,  from  the  liberal  principles  adopt- 
ed by  the  National  Convention  with  regard  to  the  colonies 
of  the  French  Republick,  must  essentially  contribute  to 
the  prosperity  of  the  United  States.  The  American  citi- 
zens may  rest  assured,  that  the  most  efficacious  measures 
have  been  taken,  as  well  in  France  as  in  the  colonies,  to 
protect  their  property  in  all  the  ports  of  the  Republick, 
and  to  ensure  to  them  a  prompt  payment  for  their  supplies 
in  cash  or  in  merchandise,  and  at  the  same  time  to  secure 
to  them  the  enjoyment  of  those  favours  which  the  Na- 
tional Convention  has  lately  granted  to  the  citizens  of  the 
United  States,  which  assimilate  them,  in  respect  to  com- 
mercial advantages,  to  the  citizens  of  France. 

Philadelphia,  June  17,  1793,  2d  year  of  the  French 
Republick. 

Mr.  Jefferson,  Secretary  of  Slate,  to  Citizen  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  23,  1 793. 

Sir, — In  answer  to  your  letter  of  the  18th  instant,  on 
the  subject  of  the  bills  drawn  by  the  administration  of  St. 
Domingo,  in  favour  of  certain  citizens  of  the  United 
States,  I  am  instructed  to  inform  you,  that  the  funds  therein 
mentioned  have  been  so  clearly  understood  on  all  hands 
to  he  specially  appropriated  for  the  payment  of  the  bills, 
which  were  recognised  by  the  former  agents  of  France 
here,  as  to  be  incapable  of  being  diverted,  without  dis- 
appointing the  just  expectations  of  our  citizens,  holders 
of  those  bills. 

Indeed  the  government  has  been  so  much  a  party  in 
countenancing  those  expectations,  as,  in  such  an  event,  to 
lie  under  an  obligation,  in  point  of  propriety,  to  satisfy  the 
parties  themselves  to  the  extent  of  the  balance,  which  yet 
remains  to  be  advanced.     1  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 

Mr.  Jefferson,  Secretary  of  State,  to  Citizen  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  23,  1 793. 
Sir, — 1  have    the  honour  to  inform  you.  that  in  conse- 
quence of  the  general  orders  given  by  the  President,  a 


110  AMERICAS 

privateer,  fitted  out  by  English  subjects  within  the  State 
of  Georgia,  to  cruise  against  the  citizens  of  France,  has 
been  seized  by  the  governour  of  Georgia,  and  such  legal 
prosecutions  are  ordered,  as  the  case  will  justify.  I  beg 
you  to  be  assured,  that  the  government  will  use  the  utmost 
vigilance  to  see,  that  the  laws,  which  forbid  these  enter- 
prises, are  carried  into  execution.  I  have  the  honour  to 
fee,  &c.  Til.  JEFFERSON. 

TRANSLATION. 

Philadelphia,  *  January  25,  1793,  2  c?  Year  of  the  Repub- 
lick of  France. 

Sir, — I  learn  with  infinite  pleasure,  by  your  letter  of 
the  23d  of  this  month,  that  the  government  of  Georgia 
have  caused  to  be  stopped  a  vessel  armed  in  that  state, 
for  the  purpose  of  cruising  against  the  French,  and  that 
the  persons  interested  in  this  vessel  will  be  prosecuted. 

It  is  to  be  wished,  sir,  that  the  same  watchfulness  and 
firmness  may  be  employed  in  all  the  states  of  the  Union ; 
for  you  will  observe  by  the  enclosed  reports  of  the  con- 
suls of  the  Republick  at  Charleston,  at  Baltimore,  at  Phi- 
ladelphia, and  at  New  York,  that  many  enemy-vessels 
have  been  armed  there,  have  entered  armed,  remained 
there,  and  have  gone  out  from  thence  armed,  in  contempt 
of  our  treaties ;  whilst  in  virtue  of  instructions  from  the 
President  of  the  United  States,  the  French  adventurers, 
who  have  been  able  to  put  themselves  in  a  state  of  de- 
fence, in  the  ports  of  their  allies,  in  order  to  go  out  with- 
out danger,  and  to  fulfil  otherwise,  according  to  circum- 
stances, the  duties  of  a  citizen  against  the  enemies  of  the 
state,  are  pursued  with  rigour.  Accept,  sir,  my  esteem 
and  respect,  GENET. 

Extracts  from  the  reports  of  the  Consuls  and  Vice-Consids 
of  the  French  Republick  at  Charleshm,  Baltimore,  Phila- 
delphia, and  New  York,  to  Citizen  Genet.  Philadelphia, 
June  25,  1793,  Id  year  of  the  French  Republick. 

Charleston,  from  the  24th  May,  to  the  6th  June. 

A  Bermudian  vessel  has  purchased  4  cannon  in  this 

port,  to  protect  her  in  returning. — A  Dutch  vessel  which 

entered  this  port  without  guns,  has  sailed  with  14. — English 

vessels  have  been  in  like  manner  armed  here* 

*  An  errour  for  June". 


STATE   PAPERS.  til 

Baltimore,  June  21. 
An  English  vessel  called  the  Trusty,  captain  Hale,  has 
been  publickly  armed  as  a  privateer  in  this  port,  by  Mr. 
*Hirland  of  this  city.  The  vice-consul  has  complained  of 
it  to  the  governour  and  attorney  general  of  the  state  of 
Maryland. 

Philadelphia,  June  21,  1793. 
A  Bermudian  vessel  belonging  to  the  subjects  of  the 
king  of  England,  mounting  twelve  cannon,  purchased  in 
this  city,  sailed  on  the  2d  instant.  There  had  sailed  some 
days  before,  an  English  armed  vessel  of  four  guns.  The 
consul  had  not  been  informed  of  them  before  the  date  of 
this  report. 

New  York,  June  18,  1793. 

The  Swallow,  an  English  letter  of  Marque,  commanded 
by  captain  Sion,  armed  with  eight  cannon  and  twenty  men 
at  least,  and  appearing  to  be  about  150  tons  burden,  has 
anchored  so  long  in  this  port,  as  to  exclude  the  idea  of 
her  having  entered  in  distress,  though  the  1 7th  article  of 
the  treaty  of  commerce  between  France  and  America 
formally  excludes  from  the  ports  of  both  the  enemy  vessels 
who  shall  have  made  prizes,  and  every  English  privateer 
which  enters  is  authorized  by  the  English  government  to 
take,  burn  and  destroy  our  vessels. 

It  has  always  remained  a  question,  whether  an  armed 
vessel  of  that  nation  en  entering,  has  executed  those 
orders  or  not.  The  consul  Hauterive  has  transmitted 
those  observations  to  the  governour  of  the  state  of  New 
York,  giving  him  to  understand,  that  every  vessel  armed 
for  war,  and  belonging  to  our  enemies,  being  subject  to 
the  exclusion  contained  in  our  conventional  laws,  should 
be  obliged  to  go  out  of  the  port  of  New  York. 

Other  reports  have  come  to  the  knowledge  of  citizen 
ficnet,  by  indirect  channels,  that  several  other  armaments 
have  been  made  by  the  enemies  of  the  Republick  in 
American  ports,  and  that  those  vessels  have  taken  on 
board,  without  opposition,  a  great  numbei\of  tories,  citi- 
zens of  the  United  States,  while  some  good  whigs,  friends 
of  France,  who  have  taken  part  in  her  cause  on  board  her 
vessels,  have  been  arrested  and  thrown  into  prison,  whence 

■i  iposed  Ireland. 


112  AMERICAN 

the  citizen  Genet  has  not  yet  been  able  to  liberate  them 
without  security. 

Certified  conformable  to  the  Reports  which  have  been 
made  to  me  the  minister  plenipotentiary  of  the  Republick 
of  France. 

Mr.  Jefferson,  Secretary  of  State,  to  Citizen  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  June  30, 1 793. 

Sir, — I  have  to  acknowledge  the  receipt  of  your  favour 
of  the  25th  instant,  on  the  subject  of  vessels  belonging  to 
the  enemies  of  France,  which  have  procured  arms  within 
our  ports  for  their  defence.  Those  from  Charleston  and 
Philadelphia  have  gone  off  before  it  was  known  to  the 
government,  and  the  former,  indeed,  in  the  first  moments 
of  the  war,  and  before  preventive  measures  could  be  taken 
in  so  distant  a  port.  The  day  after  my  receipt  of  your 
letter,  the  communications  now  enclosed  from  the  gover- 
nour  of  Maryland  came  to  hand,  and  prevented  our  inter- 
ference on  the  subject  of  the  Trusty,  captain  Hale,  a 
vessel  loaded  with  flour  and  lumber,  and  bound  to  Barba- 
does.  You  will  perceive  by  the  papers  that  the  governour 
of  Maryland  had  got  information  that  she  was  buying 
guns,  and  had  given  orders  for  the  examination  of  the  fact, 
but  that  she  got  off  before  the  officer  could  get  on  board, 
having  cleared  out  three  or  four  days  before.  It  appears 
that  she  was  of  300  tons  burden,  and  had  mounted  four 
small  guns.  The  case  of  the  Swallow  is  different  from 
any  thing  which  has  yet  been  presented  to  the  President, 
which  shall  be  submitted  to  him  on  his  return,  and  no 
doubt  will  meet  his  earliest  attention  and  decision.  I  have 
the  honour  to  be,  &c.  TH  :  JEFFERSON. 

Extract  of  a  letter  from  the  Governour  of  Maryland  to  the 
Secretary  at  War.  "Maryland,  Annapolis,  June  22, 
1793.     In  Council. 

"Sir, — The  enclosed  copies  of  a  letter  written  by  this 
board  to  the  collector  of  the  customs  at  the  port  of  Balti- 
more, and  of  the  answer  thereto  which  we  have  just  re- 
ceived from  his  deputy,  will  sufficiently  explain  the  first 
case  which  has  seemed  to  call  for  our  interference  since 
the  receipt  of  your  communications  respecting  the  fitting 
out  of  fighting  vessels  within  our  jurisdiction. 


STATE    PAPERS.  113 

"  You  will  see,  sir,  that  most  probably,  through  a  step 
not  contemplated  by  us,  that  of  the  officers  applying  to 
Mr.  Ireland  himself  for  the  information  we  desired,  the 
ship  has  got  out  of  our  reach.  We  can  therefore  only  en- 
deavour to  be  better  prepared  for  future  occurrences  of 
this  kind,  which  we  are  told  may  be  expected  at  the  same 
place." 

In  Council,  June  20,  1793. 
Sir, — A  report  has  reached  this  board,  that  a  British 
ship,  consigned  to  Mr.  Ireland,  is  preparing  for  sea  in  the 
port  of  Baltimore,  and  is  to  mount  twelve  pieces  of  ord- 
nance, which  she  did  not  bring  into  the  country,  and  which 
as  it  appears  to  us  cannot  be  carried  from  hence  to  any  of 
the  ports  of  any  of  th(j  European  powers  at  war,  without 
a  deviation  from  the  neutrality  professed  by  the  United 
States,  even  supposing  that  no  use  is  intended  to  be  made 
of  them  by  the  way ;  but  as  those  guns  are  not  taken  as 
an  article  of  merchandise,  but  are  according  to  our  infor- 
mation mounted  professedly  for  the  defence  of  the  vessel, 
we  can  by  no  means  be  certain  that  they  are  not  also  de- 
signed for  offensive  measures ;  on  which  supposition  it 
would  become  our  duty  to  interfere  effectually,  so  as  to 
prevent  the  departure  of  the  ship,  until  the  President  could 
be  made  acquainted  with  the  circumstances.  Our  infor- 
mation is  at  present  too  vague  to  form  a  sufficient  ground 
for  an  immediate  interference.  We  therefore  make  it  our 
request,  that  you  would,  immediately  on  the  receipt  of  this 
letter,  collect  all  the  facts  you  can,  with  regard  to  the 
arming,  loading,  manning  and  destination  of  this  vessel, 
and  without  loss  of  time  transmit  to  this  board  the  result 
of  your  inquiries,  in  order  that  we  may  then  determine 
whether  this  comes  within  the  description  of  cases  in  which 
we  are  instructed  by  the  executive  power  of  the  United 
States  to  interfere.     We  are,  Sic. 

THOMAS  S.  LEE. 
To  the  Collector  of  the  Customs  at  the  port  of  Baltimore. 

Baltimore,  June  21,  1793. 
His  Excellency  Thomas  S.  Lee,  Esq. 

The  Collector  of  the  customs  being  absent  in  the  coun- 
try for  the  benefit  of  his  health,  I  have  the  honour  of 
receiving  your  excellency's  communications  respecting  a 
British  ship  said  to  be  preparing  for  sea.  in  an  offensive 
vol.  i.  U> 


114  AMERICAN 

situation,  inconsistent  with  the  tenour  of  the  President's 
proclamation,  and  the  neutrality  of  the  United  States. 

I  presume  that  the  ship  Trusty,  John  A.  Hale,  master,  is 
the  vessel  alluded  to ;  she  arrived  at  this  port  from  Barba- 
does,  on  the  first  day  of  March,  and  cleared  for  the  same 
island,  on  the  1 7th  of  the  present  month,  her  cargo  con- 
sisting of  flour  and  lumber. 

Mr.  Ireland  informed  me  that  she  mounts  four  small 
guns,  that  her  crew  consisted  of  twenty  men  when  she 
arrived,  and  that  she  had  not  more  than  seventeen  on  board 
when  she  cleared.     She  is  upwards  of  300  tons  burden. 

Vague  report,  however,  differing  from  the  preceding 
account,  I  determined  to  go  on  board  the  ship  for  the  pur- 
pose of  obtaining  accurate  information,  but  was  prevented 
by  her  getting  under  way  and  proceeding  down  the  river, 
on  her  intended  voyage.     I  have  the  honour  to  be,  &c. 

D.  DELOSIER,  Deputy  Collector. 

His  Excellency  Thomas  S.  Lee,  Esq.  Governour  of 
Maryland. 

Mr.  Jefferson,  Secretary  of  State,  to  the  Minister  Plenipo- 
tentiary from  the  Republick  of  France  to  the  United 
States. — Philadelphia,  June  25,  1793. 

Sir, — In  the  absence  of  the  President  of  the  United 
States,  I  have  consulted  with  the  secretaries  of  the  treasury 
and  war,  on  the  subject  of  the  ship  William,  and  generally 
of  vessels  suggested  to  be  taken  within  the  limits  of  the 
protection  of  the  United  States,  by  the  armed  vessels  of 
your  nation,  concerning  which  I  had  the  honour  of  a  con- 
versation with  you  yesterday,  and  we  are  so  well  assured 
of  the  President's  way  of  thinking  in  these  cases,  that  we 
undertake  to  say,  it  will  be  more  agreeable  to  him,  that 
such  vessels  should  be  detained  under  the  orders  of  your- 
self, or  of  the  consuls  of  France  in  the  several  ports,  until 
the  government  of  the  United  States  shall  be  able  to  in- 
quire into,  and  decide  on  the  fact.  If  this  arrangement 
should  be  agreeable  to  you.  and  you  will  be  pleased  to 
give  the  proper  orders  to  the  several  consuls  of  your  na- 
tion, the  governours  of  the  several  states  will  be  immedi- 
ately instructed  to  desire  the  consul  of  the  port  to  detain 
vessels  on  whose  behalf  such  suggestions  shall  be  made, 
until  the  government  shall  decide  on  their  case.  It  may 
sometimes,  perhaps,  happen,  that  such  vessels  are  brought 


STATE    PAPERS.  115 

into  ports  where  there  is  no  consul  of  your  nation  resi- 
dent, nor  within  any  convenient  distance.     In  that  case, 
the  govcrnours  would  have  to  proceed  to  the  act  of  deten- 
tion themselves,  at  least  until  a  consul  mav  be  called  in. 
I  have  the  honour  to  be,  &c.         TH :  JEFFERSON. 

TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  Republiek 
of  France,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States.  Philadelphia,  June  26,  1793,  2d  year  of 
the  French  Republiek. 

Sir, — The  letter  which  you  have  done  me  the  honour 
to  write  sinee  the  departure  of  the  President  of  the  United 
States,  contains  dispositions  worthy  of  your  wisdom,  and 
of  the  sentiments  which  characterize  you.  The  arrange- 
ment which  you  propose,  sir,  suits  us  in  every  respect : 
I  shall  communicate  them  to  the  consuls  and  vice-consuls 
of  the  Republiek,  and  in  recommending  them  to  conform 
to  them,  I  shall  add  to  the  instructions  already  given  on 
the  subject  of  prizes,  new  regulations,  the  rigid  execution 
of  which  will  prove  to  the  federal  government,  that  we  re- 
gard it  as  the  first  of  our  duties  to  respect  all  the  rights  of 
sovereignty  of  the  United  States,  to  undertake  nothing 
that  may  be  disagreeable  to  them,  and  to  unite  all  our 
efforts  to  perpetuate  and  to  cement  more  and  more  the 
connections  which  so  happily  unite  our  two  republicks. 

GENET. 

Mr,  Jefferson,  Secretary  of  State,  to  the  Minister  Plenipo- 
tentiary of  France.     Philadelphia,  June  29,  179.3. 

Sir, — The  persons  who  reclaimed  (he  ship  William  as 
taken  within  the  limits  of  the  proteciion  of  the  United 
States,  having  thought  proper  to  carry  their  claim  first 
into  the  court?  of  admiralty,  there  was  no  power  in  this 
country  which  could  take  the  vessel  out  of  the  custody  of 
that  court,  till  it  should  decide  itself  whether  it  had  juris- 
diction or  not  of  the  cause;  having  now  decided  that  i< 
has  not  jurisdiction,  the  same  complaint  is  lodged  with  the 
Executive. 

I  have  the  honour  to  enclose  you  the  testimony  whereon 
the  complaint  is  founded.  Should  this  satisfy  you  that  it 
is  just,  you  will  be  so  good  as  to  give  orders  to  the  consul 
of  France  at  this  port,  to  take  the  vessel  into  his  custody 


116  AMERICAN 

and  deliver  her  to  the  owners.  Should  it  be  over-weighed 
in  your  judgment,  by  any  contradictory  evidence,  which 
you  have,  or  may  acquire,  I  will  ask  the  favour  of  a  com- 
munication of  that  evidence,  and  that  the  consul  retain 
the  vessel  in  his  custody  until  the  Executive  of  the  United 
States  consider  and  decide  finallv  on  the  subject.  I  have 
the  honour  to  be,  &c.  '    TH :  JEFFERSON. 

Maryland,  Saint  Mary^s  County,  ss. 

Benedict  Wheatley,  of  Saint  Mary's,  regularly  admit- 
ted and  qualified  as  a  branch  pilot  for  the  Chesapeake 
bay,  and  Potowmac  river,  being  duly  sworn,  deposeth  and 
sayeth,  that  on  Friday  the  third  day  of  May  last  past,  be- 
ing on  the  look-out  for  inward  bound  vessels,  fell  in  with 
the  ship  William,  James  Legget,  master,  from  Germany, 
bound  to  Potowmac,  about  nine  miles  to  the  eastward  of 
Cape  Henry,  he  immediately  took  charge  of  the  ship  as 
pilot,  and  after  being  on  board  for  one  hour,  and  running 
into  the  mouth  of  the  bay,  with  a  leading  wind,  a  small 
schooner  hove  in  sight,  coming  out  from  the  capes ;  she 
run  up  along  side,  Bred  one  gun,  and  hailed  the  ship; 
captain  Legget  hoisted  his  "English  ensign,  on  which  he 
was  ordered  from  the  schooner  to  strike ;  the  colours 
after  some  time  were  hauled  down,  and  a  boat  from  the 
schooner,  with  a  lieutenant  and  six  or  seven  men,  came  on 
board  and  took  possession  of  the  ship,  as  a  prize  to  the 
schooner  Cincinnatus  ;  a  prize  master  was  ordered  on 
board,  and  all  the  hands  of  the  ship  were  put  on  board  the 
schooner,  except  the  carpenter  and  two  or  three  hands. 

After  the  capture,  an  inquiry  was  made  of  the  deponent 
what  course  would  clear  the  middle  ground.  The  neces- 
sary information  was  given,  and  he  the  deponent,  after 
being  offered  a  considerable  reward  to  carry  the  ship  to 
Philadelphia,  declined  it,  and  was  put  on  board  a  pilot 
boat  that  came  along  side  at  the  time. 

The  deponent  further  sayeth,  that  he  understood  from 
the  captors,  that  the  schooner  was  from  Charleston,  South 
Carolina,  and  commissioned  at  that  place  by  the  French 
ambassador,  lately  arrived  from  France ;  that  the  captain, 
whom  the  deponent  did  not  see,  was  said  to  be  a  French- 
man, but  all  the  men  that  boarded  the  ship  appeared  to  be 
Americans  or  English.  She  mounted  four  guns  and  car- 
ried about  fifty  men ;  he  further  sayeth,  that  at  the  time 
the  ship  was  boarded,  the  distance  from  the  ship  to  the 


STATE    PAPERS.  117 

lighthouse  on  Cape  Henry,  did  not  exceed  five  miles  at 
the  utmost.  The  deponent  inquired  what  distance  from 
the  land  they  were  authorized  to  take  prizes ;  he  was  an- 
swered, not  less  than  nine  miles ;  on  which  he  replied,  that 
the  ship  at  the  time  of  capture  was  not  half  that  distance 
from  the  lighthouse  on  Cape  Henry. 

BENEDICT  ><WHEATLEY. 


Sworn  before  me  the  subscriber,  one  of  the  justices  of 
the  peace  for  the  county  and  state  aforesaid,  this  18th  day 
of  May,  1793.  M.JONES. 

State  of  Maryland,  St.  Mary^s  County,  to  wit : 
These  are  to  certify  that  Mordecai  Jones,  Esq.  before 
whom  the  within  deposition  was  made,  and  who  in  witness 
thereto  appears  to  have  subscribed  his  name,  was  at  the 
taking  and  subscribing  the  same,  and  now  is  one  of  the 
justices  of  the  peace  of  the  state,  and  for  the  county  afore- 
said, thereunto  duly  authorized,  commissioned  and  sworn, 
and  that  to  all  certificates  of  probates  before  him  made, 
and  by  him  signed,  due  faith  and  credit  is  and  ought  to 
be  given,  as  well  in  justice  court  as  thereout. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and 
affixed  the  publick  seal  of  office  for  St.  Mary's  county 
court,  this  20th  day  of  May,  annoque  domini,  1 793. 

TIMOTHY  BOWES, 
Clerk  of  St.  Mary's  County  Court. 

By  this  publick  instrument  of  protest  be  it  made  known 
and  manifest  unto  all  who  shall  see  these  presents,  or  hear 
the  same  read,  that  on  the  18th  day  of  May,  in  the  year 
of  our  Lord,  1793,  before  me,  Assheton  Humphreys,  no- 
tary and  tabellion  publick,  in  and  for  the  commonwealth 
of  Pennsylvania,  by  lawful  authority  duly  admitted  and 
sworn,  dwelling  in  the  city  of  Philadelphia,  in  the  said 
commonwealth,  personally  appeared  James  Leggct,  late 
master  of  the  ship  William,  now  in  this  port  of  Philadel- 
phia, John  Whiteside,  late  chief  mate  of  the  said  ship, 
James  Ramsay,  second  mate,  and  James  Manson,  boat- 
swain, belonging  to  the  said  ship,  and  being  severally 
sworn  on  the  Holy  Evangelists  of  Almighty  God,  did  re- 
spectively depose,  testify,  declare,  and  say  in  manner  fol- 
lowing, that  is  to  say,  that  on  or  about  the  16th  day  of 


1 1  8  AMERICAN 

February  last,  Ihey  sailed  in  and  with  the  said  ship  from 
Bremen,  upon  the  river  Weser,  with  the  wind  at  north- 
east, bound  on  a  voyage  to  Maryland,  in  North  America, 
and  on  the  22d  day  of  the  same  month,  came  to  an  anchor 
at  Stromness,  in  the  Orcades,  with  a  contrary  wind ;  that 
on  the  27th  day  of  March  last,  they  sailed  from  Stromness 
aforesaid,  with  the  wind  at  south-east;  and  on  the  21st 
day  of  April  last,  the  wind  blowing  very  hard,  split  the 
foresail,  which  obliged  them  to  lay  the  ship  to,  with  the 
reefed  mainsail,  the  wind  being  at  west  and  by  south  ;  that 
on  the  29th  day  of  April  aforesaid,  being  then  in  the  lati- 
tude 36  degrees  36  minutes  north,  a  heavy  gale  of  wind 
blowing  from  the  southeast,  split  the  main-top-sail ;  and 
on  the  3d  day  of  May  instant,  at  two  o'clock,  p.  at.  they 
got  a  pilot  on  board,  and  at  four  o'clock,  p.  m.  of  the 
same  day,  the  said  ship  being  then  about  two  miles  off  the 
lighthouse  at  Cape  Henry,  in  five  fathom  water,  and  as 
near  the  shore  as  the  pilot  on  board  judged  it  proper  to 
go,  the  privateer  schooner  Genet,  commanded  by  Peter 
Joanna,  from  Charleston,  fired  one  gun  at  the  said  ship 
William,  and  desired  them  to  haul  down  their  colours  and 
heave  the  ship's  head  to  the  eastward,  the  said  lighthouse 
then  bearing  west-northwest ;  that  the  commander  of  the 
said  privateer  then  took  out  of  the  said  ship,  the  said 
master,  chief  mate,  second  mate,  boatswain,  four  of  the 
seamen  belonging  to  the  said  ship,  and  one  passenger,  all 
of  whom  were  put  on  board  the  said  privateer,  and  a  prize 
master  and  seven  people  were  put  on  board  the  said  ship, 
and  the  said  ship  sent  up  to  this  port  of  Philadelphia,  where 
she  now  lies  ;  and  these  appealers,  with  the  said  privateer, 
arrived  at  this  port  of  Philadelphia,  the  14th  day.  of  May 
instant,  at  about  four  o'clock  in  the  morning ;  since  which 
they  have  been  let  one  by  one,  alternately  on  shore,  until 
this  day,  when  all  of  them  being  on  shore,  they  took  the 
opportunity,  it  being  the  first  they  have  had,  of  protesting 
against  the  capture  of  the  said  ship  William.  Wherefore 
the  said  James  Legget,  John  Whiteside,  James  Ramsay, 
and  James  Manson,  for  themselves,  their  owners,  freigh- 
ters, merchants,  mariners,  and  all  others  interested  or  con- 
cerned in  the  said  ship,  or  her  cargo,  have  protested,  and 
by  these  presents  do  solemnly  protest  against  the  capture 
of  the  said  ship  William,  by  the  said  privateer  schooner 
Genet,  and  against  all  losses,  costs,  charges,  damages, 
breaches  of  bills  of  lading,  contracts,  covenants,  and  agree- 


STATE    PAPERS.  119 

ments  whatsoever,  already  suffered,  sustained,  or  occa- 
sioned, or  which  shall  or  may  hereafter  be  suffered,  sus- 
tained or  occasioned,  by  reason  or  means  of  the  premises, 
and  against  all  incidents  and  consequence  thereof;  and 
persisting  in  the  said  protest,  they  the  said  master  and 
other  appearers  have  set  ther  hands  hereunto,  the  day  and 
year  first  within  written.  Thus  done  and  protested  at 
Philadelphia  aforesaid,  the  day  and  year  aforesaid. 

James  Legget, 
John  Whiteside, 
James  Ramsay, 
James  Manson. 
[l.  s.]     Quod  attestor  manu  et  sigillo  rngatus. 

Assheton  Humphreys,  Notarius  Publicus,  1793. 

I  the  within  named  notary  do  hereby  certify  and  attest 
unto  all  whom  it  doth  or  may  concern,  that  the  foregoing 
writing  doth  contain  a  just  and  true  copy  of  an  original 
protest  taken  and  made  before  me  the  said  notary,  and 
remaining  of  record  in  my  notarial  office,  in  the  city  of 
Philadelphia,  and  that  I  have  carefully  compared  the  said 
copy  with  its  original,  so  remaining  of  record  in  my  said 
office,  and  find  it  exactly  to  agree  therewith. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
affixed  my  seal  of  office  of  notary,  at  Philadelphia  afore- 
said, this  23d  day  of  May,  in  the  year  of  our  Lord,  1793. 

ASSHETON  HUMPHREYS,  Notarius  Publicus,  1793. 

Air.  Jefferson,  Secretary  of  State,  to  the  Minister  Plenipo- 
tentiary of  France.     Philadelphia,  June  29v1793. 

Sir, — A  complaint  is  lodged  with  the  Executive  of  the 
United  States,  that  the  Sans  Culottes,  an  armed  privateer 
of  France,  did,  on  the  8th  of  May  last,  capture  the  British 
brigantine  Fanny,  within  the  limits  of  the  protection  of 
the  United  States,  and  sent  the  said  brig  as  a  prize  into 
this  port,  where  she  is  now  lying. 

I  have  the  honour  to  enclose  you  the  testimony  whereon 
the  complaint  is  founded.  Should  this  satisfy  you  that  it 
is  just,  you  will  be  so  good  as  to  give  orders  to  the  consul 
oi'  France  at  this  port,  to  take  the  vessel  into  his  custody, 
and  deliver  her  to  the  owners.  Should  it  be  overweighed 
in  your  judgment,  by  any  contradictory  evidence  which 
you  have,  or  may  acquire,  1  will  ask  the  favour  of  a  com- 
munication of  that  evidence,  and  that  the  enn-ul  retain 


120  AMERICAN 

the  vessel  in  his  custody,  until  the  Executive  of  the  United 
States  shall  consider  and  decide  finally  on  the  subject. 
I  have  the  honour  to  be,  &c. 

THOMAS  JEFFERSON. 

Virginia,  to  wit : 
To  all  persons  whom  it  may  concern,  I,  John  Nivison, 
notary  publick  for  the  district  of  Norfolk,  by  lawful  au- 
thority duly  admitted  and  qualified,  do  hereby  certify  and 
make  known,  that  captain  Michael  Pile,  late  master  of 
the  brig  Fanny,  David  Mac  Intosh,  mate,  and  John  Mac 
Cattie,  one  of  the  sailors,  personally  appeared  before  me, 
and  being  duly  sworn  on  the  Holy  Evangelists  of  Almighty 
God,  deposed  and  said,  that  they  sailed  from  Lucia  in  the 
island  of  Jamaica,  on  the  fourteenth  day  of  April  last, 
having  on  board  a  cargo  of  rum  and  sugar,  and  bound  on 
a  voyage  to  Baltimore,  she  being  in  good  order  for  the 
voyage ;  that  on  the  seventh  day  of  May,  at  ten  p.  m. 
being  off  the  mouth  of  the  Chesapeake  bay,  Cape  Henry 
bearing,  by  computation,  n.  w.  by  w.  distant  about  seven 
leagues,  they  were  hailed  by  a  schooner,  and  were  inform- 
ed that  there  was  a  pilot  on  board  for  the  Chesapeake — 
they  answered  that  they  should  not  stay  for  a  pilot  till  the 
morning — that  the  wind  being  at  n.  e.  they  steered  n.  n. 
w.  sailing  at  the  rate  of  four  miles  per  hour,  until  half 
past  four  a.  m.  on  the  eighth,  when  being  in  eight  fathom 
of  water,  Cape  Henry  bearing  n.  w.  by  w.  or  n.  w. 
distant  as  above,  by  computation,  four  or  five  miles,  they 
were  captured  by  the  boat  aforesaid,  which  to  their  great 
surprise,  proved  to  be  a  French  privateer,  called  the  Sans 
Culottes,  1.  B.  A.  Ferry,  commander,  mounting  four  guns 
and  two  swivels,  manned  with  forty-five  men — that  they 
were  deprived  of  the  vessel  and  cargo  aforesaid,  and  were 
detained  on  board  the  privateer  until  the  eleventh  of  the 
same  month,  when  they  were  set  on  shore  in  Lynn  Haven 
Bay,  in  the  state  aforesaid,  and  that  on  the  same  day  they 
arrived  at  Norfolk.  Michael  Pile,  master ; 

David  Mac  Intosh,  mate ; 

John  Mac  Cattie,  seaman. 

Wherefore,  I  the  said  notary  publick,  at  the  request  of 
the  said  deponents,  did  and  do  now  hereby  solemnly  pro- 
test against  the  privateer  and  her  crew,  for  all  the  losses, 
costs,  charges,  damages  and  expenses,  suffered  or  to  be 


STATE    PAPERS..  121 

.suffered  by  any  person  or  persons  whomsoever  interested 
or  concerned  in  the  said  brig  or  her  cargo,  or  any  part 
thereof,  on  her  voyage  aforesaid,  by  reason  of  the  capture 
by  the  privateer  aforesaid. 

In  testimony  whereof,  I  have  hereto  set  my  hand,  and 
caused  to  be  affixed  the  seal  of  my  office,  this  18th  day  of 
May,  1793. 

[l.  s.]  JOHN  NIYISON,  Not.  Pub. 

British  Consuls  office,  State  of  Virginia. 

These  are  to  certify,  that  John  Nivison,  Esq.  before 
whom  the  foregoing  protest  was  made,  is  notary  publick 
for  the  district  of  Norfolk,  in  the  state  aforesaid,  and  that 
full  faith  and  credit  is  justly  due  to  such  his  attestation. 

Given  Under  my  hand  and  seal  of  office  at  Norfolk,  this 
14  th  of  May,  1793. 

[l.  s.]  JOHN  HAMILTON,  Consul. 

City  of  Philadelphia,  ss. 
Michael  Pile,  master  of  the  brigantine  Fanny,  of  Lon- 
don, being  duly  sworn  on  the  Holy  Evangelists  of  Almighty 
God,  deposeth  and  sayeth  :  That  he  sailed  from  Lucia,  in 
the  island  of  Jamaica,  on  the  fourteenth  day  of  April  last, 
bound  to  Baltimore,  in  Maryland,  having  a  cargo  of  rum 
and  sugar  on  board,  the  said  brigantine  being  then  in  good 
condition ;  that  on  the  7th  of  May,  at  ten  o'clock,  p.  m. 
he,  this  deponent,  being  then  in  the  said  brigantine,  off  the 
mouth  of  the  Chesapeake  bay,  Cape  Henry  then  bearing, 
by  computation,  n.  w.  by  w.  distant  about  seven  leagues, 
he  was  hailed  by  a  schooner  and  informed  there  was  a 
pilot  for  the  Chesapeake  on  board,  to  which  this  deponent 
answered  that  he  should  not  stay  for  a  pilot  till  the  morn- 
ing ;  that  this  deponent  hailed  the  schooner,  and  asked 
how  Cape  Henry  bore,  and  what  distance  ?  and  was  an- 
swered from  the  schooner,  that  Cape  Henry  bore  n.  w. 
and  by  w.  twenty  miles  distant.  That  the  wind  being  at 
n.  e.  this  deponent  steered  n.  n.  w.  going  at  the  rate  of 
about  four  miles  an  hour,  until  half  past  four  o'clock,  or 
thereabouts,  a.  m.  on  the  eighth  of  May,  when  being  in 
eight  fathom  water,  Cape  Henry,  at  that  time,  bearing  n. 
w.  by  w.  or  n.  w.  distant  about  four  or  five  miles,  tho 
said  brigantine  Fanny  was  captured  by  the  said  schooner, 
which,  to  the  great  surprise  of  this  deponent,  proved  to  bo 
a  privateer,  having  on  board  a  commission  "aid  to  harr 
vor,.  i-.  10 


122  AMERICA!* 

been  granted  by  the  French  consul  at  Charleston,  in  South 
Carolina ;  the  said  privateer,  called  the  Sans  Culottes,  was 
commanded  by  J.  B.  A.  Terry,  mounted  four  guns  and  two 
swivels,  and  manned  with  forty-five  men  ;  that  this  depo  - 
nent,  the  officers  and  crew  of  the  said  brigantine  were  all 
put  on  shore,  on  the  eleventh  of  May,  in  Lynn  Haven  Bay, 
m  Virginia ;  that  the  said  brigantine  was  sent  to  Philadel- 
phia, whither  this  deponent  came  to  claim  the  vessel  and 
cargo ;  but  the  officers  and  crew  of  the  said  brigantine 
being  destitute  of  friends  and  money,  engaged  themselves 
on  board  other  vessels  in  Virginia,  for  the  purpose  of  sup- 
porting themselves,  and  being  thus  dispersed,  and  separated 
from  the  said  brigantine,  he,  this  deponent  is  thereby  de- 
prived of  their  testimony,  which  he  could  have  obtained, 
if  they  had  been  sent  into  the  port  of  Philadelphia,  with 
the  said  brigantine  ;  and  further  this  deponent  saith  not. 

Taken  and  sworn,  at  the  city  of  Philadelphia,  this  24tk 
day  of  June,  1793,  before  me, 

JOHN  BARCLAY,  Alderman. 

MICHAEL  PILE. 


TRANSLATION. 

The  Minister  of  the  French,  Republick  with  the  United  Stales, 
to  Mr.  Jefferson,  Secretary  of  State  of  the  United  States. 
Philadelphia,  July  8,  1793,  2d  year  of  the  French  Re- 
publick. 

Sir, — The  French  armed  vessel  le  Vainqueur  de  to 
Bastille,  of  American  construction,  and  heretofore  bearing 
the  name  of  Hector,  has  sailed  from  Charleston,  furnished 
with  a  French  commission,  and  her  old  American  register, 
which  the  commander,  Hervieux,  sent  to  the  customhouse, 
after  having  cleared  the  bar  of  that  port. 

This  conduct,  condemnable  only  for  its  timidity,  has  led 
the  customhouse  of  Charleston  to  require  the  government 
of  South  Carolina  to  cause  him  to  be  arrested ;  and  in  con- 
sequence le  Vainqueur  de  la  Bastille  has  been  seized  at 
Wilmington,  together  with  a  prize  which  she  took  in  there. 
The  laws  of  the  United  States  inflict  no  punishment  in  the 
present  case,  only  where  there  has  been  an  intention  of 
avoiding  the  duties  imposed  by  the  United  States ;  and  as 
it  is  proved  by  the  war-commission  and  by  the  instructions 
in  captain  Hervieux's  possession,  that  he  went  out  of  the 
•port  of  Charleston  only  to  resist,  as  much  as  possible,  the 


■STATE   PArBRS.  i23 

unjust  attacks  of  our  enemies,  a  duty  which  all  the  treaties 
authorize  him  to  fulfil,  and  which  no  law  of  the  United 
States,  and  consequently  no  order  of  the  Executive  of  these 
states,  can  forbid  him  to  fulfil,  I  request  you,  sir,  to  desire 
of  die  federal  government  the  liberation  of  captain  Her- 
vieux,  and  of  his  crew  of  the  Vainqueur  de  la  Bastille, 
heretofore  the  Hector,  and  of  her  prize,  now  detained  in 
the  port  of  Wilmington,  North  Carolina. 

GENET. 

The  Citizen  Genet,  Minister  Plc?iipotcntiary  of  the  French 
Republick,  to  Mr.  Jefferson,  Secretary  of  State.  Phila- 
delphia, July  9,  1793,  Qd  year  of  the  French  Republick. 

Sir, — You  required  of  me  details  relative  to  the  brig- 
antine  la  Petite  Democrat,  heretofore  la  Petite  Sarah,  at 
present  armed,  and  ready  to  go  out  of  the  Delaware. 
They  are  as  follow : — This  vessel,  sir,  of  English  property, 
armed  by  our  enemies  with  four  cannon  and  other  arms, 
was  taken  by  the  Embuscade  frigate,  belonging  to  the 
Republick  of  France,  and  sent  into  Philadelphia.  Her 
construction  being  elegant  and  solid,  her  bottom  coppered, 
and  a  swift  sailer,  her  masts  and  rigging  being  in  a  good 
condition,  I  have  thought  on  the  report  of  the  captain  of 
the  Embuscade,  and  other  enlightened  mariners,  that  the 
acquisition  of  this  vessel  would  be  advantageous  to  the 
marine  of  the  Republick ;  and  this  consideration,  joined 
to  the  desire  I  had  of  finding  employment  for  a  great  num- 
ber of  French  marines,  who  were  here  exposed  to  the 
dangers  which  often  attend  idleness,  and  to  misery,  deter- 
mined me  to  take  her  on  account  of  the  state. 

I  have  had  her  repaired.  I  have  completed  her  arma- 
ment, with  cannon  which  I  found  on  board  of  four  French 
vessels,  and  given  the  command  of  her  to  citizen  Amiol, 
ensign  of  the  Republick,  and  when  ready,  1  shall  despatch 
her  with  a  commission  of  the  Executive  Council,  and  with 
my  particular  instructions.  I  should  confine  myself,  sir. 
to  represent  to  you  these  facts,  which  require  no  discussion 
on  my  part,  and  which  cannot  create  any  difficulty  on  thai 
of  your  government.  When  treaties  speak,  the  agents  ol 
nations  have  but  to  obev.  Accept,  sir.  my  esteem  and 
respect.  CEXET. 


J  24  AMERICA* 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  Frerith 
Republick,  to  Mr,  Jefferson,  Secretary  of  State  of  the 
United  States.  Philadelphia,  July  9,  1793,  2 d  year  of 
the  French  Republick. 

Sir, — The  consul  of  the  French  Republick,  in  this  state, 
four  days  ago  requested  the  governour  of  Pennsylvania  to 
order  out  of  the  port  of  Philadelphia  the  Jane,  an  English 
privateer,  armed  with  sixteen  cannon,  which  vessel  came 
in  the  fourth  of  this  month,  without  any  appearance  of 
distress. 

The  governour  replied  to  him,  that  he  could  not  take 
any  measures,  in  this  respect,  during  the  absence  of  the 
President  of  the  United  States.  Although  this  reply,  sir, 
is  accompanied  with  very  obliging  and  amicable  expres- 
sions, I  think  it  my  duty  to  observe,  that  according  to  the 
tenour  of  the  xxn  article  of  our  treaty  of  amity  and  com- 
merce, it  is  not  necessary  to  await  the  decision  of  the 
President  to  cause  this  privateer  to  depart,  not  having 
come  in  here  in  distress,  and  having  had  time  to  take  in 
more  provisions  than  is  necessary  to  go  to  the  nearest  port 
of  the  power  under  which  she  holds  her  commission,  and 
according  to  different  reports  which  I  have  just  received,  is 
augmenting  her  armament. 

The  treaties  being  considered  by  the  American  people 
as  the  most  sacred  laws,  the  local  governments  of  the 
United  States  are  bound  to  acknowledge  them,  and  all  die 
magistrates  obliged  to  execute  them  without  delay.  I 
therefore  request  you,  sir,  to  present  these  considerations 
to  the  governour  of  Pennsylvania,  and  induce  him  to  fulfil, 
against  the  privateer  Jane,  the  duties  which  our  treaties 
impose  on  him.  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  France.    Philadelphia,  July  12,  1 793. 

Sir, — The  President  of  the  United  States,  desirous  of 
having  done  what  shall  be  strictly  conformable  to  the  trea- 
ties of  the  United  States  and  laws,  respecting  the  several 
representations  received  from  yourself  and  the  minister 
plenipotentiary  of  Great  Britain,  on  the  subject  of  vessels 
arming  or  arriving  within  our  portsr  and  of  prizes,  has 
determined  to  refer  the  questions  arising  thereon  to  per- 
sons learned  in  the  laws.  As  this  reference  will  occasion 
Some  delay,  he  will  expect  from  both  parties,  that  in  the 


STATE    PAPERS.  125 

mean  time  the  Little  Sarah,  or  Little  Democrat,  the  ships 
Jane  and  William,  in  the  Delaware,  the  Citoyen  Genet 
and  her  two  prizes,  the  Lovely  Lass  and  Prince  William 
Henry,  and  the  brig  Fanny,  in  the  Chesapeake,  do  not 
depart  until  his  ultimate  determination  shall  be  made 
known.  You  may  be  assured,  sir,  that  the  delay  will  be 
as  short  as  possible,  and  the  object  of  it  being  to  obtain 
the  best  advice  possible  on  the  sense  of  the  laws  and 
treaties  respecting  the  several  cases,  I  am  persuaded  ycoj 
will  think  the  delay  well  compensated.  I  have  the  honour 
to  be,  (Sic.  TH  :  JEFFERSON. 

The  Citizen  Genet,  Minister  from  the  French  Republick  to  the 
United  States,  to  Mr.  Jefferson,  Secretary  of  Slate  of  the 
United  States.  Philadelphia,  July  9,  1793,  2d  year  of  the 
Republick. 

Sir, — I  have  already  frequently  had  the  honour  of  con- 
versing with  you  on  the  revolting  treatment,  which  the 
English  vessels  of  war  use  on  the  high  seas  towards  Ame- 
rican vessels.  I  have  informed  you  of  the  severe  visits  to 
which  they  subject  them,  and  of  the  seizures  they  make  on 
board  of  them,  and  under  the  protection  of  the  flag  of  the 
United  States,  of  the  persons  and  property  of  the  French 
citizens. 

The  reports  of  all  the  navigators  attest  the  truth  of  these, 
facts,  and  the  complaints  enclosed  present  new  proofs.  I 
request  you,  sir,  to  communicate  them  to  the  President  of 
the  United  States,  and  to  be  so  obliging  as  to  inform  me 
of  the  measures  he  has  taken,  or  those  he  proposes  to  take, 
to  cause  our  enemies  to  respect  the  flag  of  ihc  United  States 
as  much  as  we  ourselves  do,  and  to  have  delivered  to  our 
fellow  citizens  the  property  of  which  they  have  unjustly 
been  deprived. 

I  must  observe  to  you,  sir,  that,  as  the  English  will  pro- 
bably continue  to  carry  off  with  impunity  our  citizens,  and 
f heir  property,  on  board  of  American  vessels,  without  em- 
barrassing themselves  with  the  philosophical  principles 
proclaimed  by  the  President  of  the  United  States,  the  en- 
gagements we  have  contracted  with  you,  placing  us  in  the 
most  disadvantageous  position,  with  respect  to  our  ene- 
mies, in  depriving  us  of  the  privilege  of  using  at  every 
point,  with  regard  to  them,  the  right  of  reprisals,  it  is  as 
necessary  for  your  as  for  our  interest,  that  we  should  agree 
quickly  to  lake  other  measures.     I  expect  immediately,. 


126  AMERICAN 

sir,  a  positive  answer  from  the  federal  government  on  this- 
subject ;  and  I  hope,  that  it  will  comport  with  the  dignity 
and  justice  of  the  American  people,  who  ought  not  to 
require,  if  they  are  not  at  present  in  a  situation  to  compel 
the  English  to  justice,  whom  they  have  formerly  conquered, 
that  we  should  expose  ourselves  and  them  longer,  by  a 
misplaced  complaisance,  to  the  insults  of  that  nation, 
Towards  whom  generous  proceedings  generally  lead  only 
to  new  outrages.  GENET. 

COFY  OF  A  DECLARATION  AND  PROTEST.  JUNE  27,  1793. 

This  day,  the  27th  of  June,  1793,  2d  year  of  the  French 
Repablick,  past   12  o' 'clock,  Afternoon. 

Before  us,  John  Baptist  Lemaire,  Chancellor  of  the 
Consulate  of  the  said  Republick,  established  at  Philadel- 
phia, in  the  state  of  Pennsylvania,  one  of  the  United 
States  of  America,  the  undersigned,  and  in  the  presence  of 
the  witnesses  hereafter  named,  appeared  the  citizen  Silvat 

Du  Camp,  de  la  Bastile  Clairance,  department  of . 

lor  the  purpose  of  saying  and  declaring, 

That  having  departed  from  the  island  of  St.  Lucie,  on 
the  9th  of  May,  1793,  as  passenger  on  board  the  Ameri- 
can brigantine  Columbia,  captain  John  Green,  of  this  city 
of  Philadelphia,  for  this  port,  an  English  privateer,  the 
brigantine  Fanny,  captain  Bloomsbury,  of  St.  Vincent, 
captured  the  so  id  brigantine  Columbia,  without  any  regard 
to  her  flag,  on  the  13th  of  the  said  month  of  May  last,  and 
conducted  her  into  the  port  of  Basseterre,  Saint  Christo- 
phers, where  he  arrived  the  same  day,  and  where  he  found 
six  or  seven  other  American  vessels,  which  had  also  been 
carried  in  there  by  force. 

That  the  merchandises  that  he  had  on  board  the  said 
brigantine  Columbia  consisted  of  three  barrels  of  raw 
sugar,  seven  bales  of  cotton,  eight  casks  and  eight  bogs  of 
coffee,  twelve  pieces  of  handkerchief  of  Beam,  and  about 
4000  livres  currency  of  the  islands,  of  French  and  Spanish 
coins,  the  whole  amounting  to  21,9091.  10s.  6  deniers, 
money  of  the  islands,  as  appears  by  an  invoice,  dated  the 

,  of  the   appearer,   and  a  bill  of  lading,  of  the 

amc  month  of  May,  signed  John  Green,  jun.,  exhibited  to 
us  by  the  appearer,  and  which,  at  his  request,  shall  be  an- 
nexed to  these  presents,  after  having  been  certified  by  him- 
to  be  authentic!?,  and  by  us  compared  with  the  original. 


STATE    PAPERS.  127 

That  the  above  sugar,  cotton  and  coffee,  was  shipped 
partly  on  account  and  risk  of  citizen  John  Mercie,  of  Bor- 
deaux, owner  of  the  ship  Titus  of  Bordeaux,  and  partly  on 
account  and  risk  of  sundry  other  persons  interested. 

That  the  intention  of  the  appearer  had  been,  to  dispose 
of  the  said  sugar,  cotton  and  coffee,  on  account  of  the  above 
mentioned  John  Mercie,  and  of  all  those  concerned  in  it, 
on  his  arrival  at  Philadelphia. 

That  on  his  arrival  at  Se«jnt  Christophers,  all  the  mer- 
chandise already  mentioned  were  debarked  and  seized  by 
the  admiralty  of  that  place,  as  is  proved  by  the  certificate  of 
E.  Moore,  secretary  of  the  said  admiralty,  placed  under- 
neath the  deposition  which  the  said  appearer  had  made 
before  the  English  judge,  Archibald  Esdale,  at  the  said 
island  of  Saint  Christophers,  and  which  he  presented  to  us, 
and  at  his  request,  is  hereunto  annexed,  to  recur  to,  duly 
certified  and  compared  according  to  the  ordinance. 

That  of  the  whole  of  the  above,  the  said  appearer  having 
required  a  certificate,  we,  the  Chancellor  above  mentioned, 
have,  by  these  presents,  granted  the  same,  to  avail  him  as 
it  may  of  right. 

The  said  appearer  expressly  declaring  and  protesting, 
tor  all  losses,  and  for  all  expenses  of  damages  and  interests, 
against  the  said  English  privateer  the  brigantine  Fanny, 
captain  Bloomsbury,  against  the  said  admiralty  of  Saint 
Chiistophers,  and  against  all  others  whom  it  may  concern, 
for  the  carrying  off  and  seizure  made  by  them  of  all  the 
said  merchandises  from  on  board  the  said  American  brigan- 
tine Columbia,  captain  Green,  in  contempt  of  the  dignity 
af  the  American  nation. 

Done  at  Philadelphia,  in  the  Chancery  of  the  Consu- 
late of  the  French  Republick,  the  said  day,  month, 
and  year  above  mentioned,  in  the  presence  of  the 
citizens  Martin,  Oster  and  Peter  Barricre,  residents 
in  this  city,  who  have  signed  the  same  with  us  and 
the  said  appearer,  after  Having  read  the  same. 
The  minutes  of  the  present  remaining  in  the  Chancery. 

J.  BE.  LEMAIRE. 

Examined  by  us,  consul  of  the  French  Republick,  at  Phi- 
ladelphia, this "l 8th  July,  1793,  2d  year  of  the  Republic!-. 

FROIS.  DUPONT, 
Certified  conformable  to  the  original.  GENET. 


t2S  AMERICA?? 

JVe  the  undersigned  passengers  on  board  the  galliot,  thr. 
Regulator,  captain  White,  bound  from  Jeremie  to  Balti- 
more, in  the  slate  of  Maryland. 

Declare — 

That  having  sailed  on  the  night  of  the  21st  May,  1793, 
we  on  the  23d,  at  three  in  the  morning,  met  four  French 
frigates,  that  one  of  them  having  fired  a  cannon,  ordered  us 
to  hoist  out  our  boat,  that  one  of  the  officers  came  on  board, 
examined  the  papers  of  the  captain  of  the  galliot,  examined 
one  of  our  passports,  and  then  retired,  testifying  his  regret 
at  having  detained  us. 

That  on  the  25th,  about  six  in  the  morning,  being  under 
the  great  Inague,  and  very  close  to  the  land,  we  saw  a  sloop 
who  weighed  anchor  to  the  windward,  bearing  down  upon 
us,  fired  a  cannon  at  us  and  hoisted  an  English  flag,  sent 
five  armed  men  on  board  of  us,  who  rendered  an  account 
by  a  trumpet,  that  the  vessel  was  laden  with  coffee  and  cot- 
ton, and  that  there  were  some  negro  slaves  on  board.  But 
at  the  moment  there  appeared  two  other  vessels,  towards 
which  the  privateer  immediately  steered,  ordering  us  to 
anchor.  These  two  vessels  were  found  also  to  be  Ameri- 
can, and  were  in  like  manner  obliged  to  come  to  anchor. 
A  third  appeared  some  time  after,  and  was  likewise  order- 
ed to  anchor. 

The  privateer  was  employed  in  visiting  these  three  ves- 
sels until  four  in  the  afternoon,  during  which  time  we  were 
under  the  guard  of  five  men,  who  presented  themselves  to 
us  more  like  pirates  coming  to  seize  their  prey,  than  as 
privateers  who  have  an  intention  to  respect  a  neutral  flag. 
These  men  whose  countenances  led  us  to  believe  them  ca- 
pable of  realizing  the  most  sinister  things,  prepared  us  for 
an  event  which  would  at  the  same  time  have  injured  us,  in 
making  us  fail  in  the  object  of  our  voyage.  They  informed 
us  that  we  were  to  be  carried  into  Jamaica. 

At  four  in  the  afternoon,  the  captain  of  the  privateer 
came  on  board  of  us  with  ten  armed  men,  they  drove  all 
the  passengers  out  of  their  state  rooms,  with  a  naked  sword 
in  one  hand  and  a  pistol  in  the  other,  appearing  disposed  to 
proceed  to  violence,  without  the  least  effort  on  the  part  of 
their  captain  to  check  them,  hi  an  instant  all  the  effects 
of  the  passengers  were  ransacked.  In  vain  did  captain 
White  present  to  them  his  papers,  and  endeavour  to  stop 
ihem,  they  paid  no  attention  and  scarcely  looked  at  them* 


STATE    PAPERS.  129 

The  representations  of  these  hostile  acts,  rendering  them 
still  more  violent,  they  threatened  those  who  endeavoured 
to  reason  with  them.  They  broke  the  locks  of  the  trunks 
without  waiting  till  the  keys  were  found,  they  raised  a  part 
of  the  plank  of  the  cabin,  they  rummaged  the  captain's 
trunk,  they  found  money  there,  seized  it  and  gave  it  to  one 
of  their  people  to  take  care  of.  At  the  same  time  they 
went  to  the  forecastle,  they  broke  open  every  thing  that 
was  locked  up.  They  forced  the  partitions  whicli  sepa- 
rate the  births.  They  cut  open  a  great  quantity  of  coffee 
bags. 

Having  however  found  nothing  in  this  search,  made  with 
the  greatest  brutality,  which  falsified  the  assertion  of  captain 
White  as  to  the  property  of  the  cargo,  they  appeared  much 
embarrassed  at  the  part  they  should  take  with  respect  to  us. 
They  in  particular  made  offers  to  some  of  the  seamen  to 
depose  against  the  declarations  of  our  captain,  they  sent 
three  of  them  on  board  the  privateer,  whom  they  endea- 
voured equally,  but  as  unsuccessfully,  to  seduce. 

This  vexatious  conduct  was  interrupted  by  night  coming 
on.  It  may  be  conceived  how  we  passed  it,  it  did  not  to 
us  appear  probable  that  men  who  appeared  to  breathe 
nothing  but  pillage  and  robbery,  would  allow  this  opportu- 
nity to  escape.  * 

On  the  26th,  as  soon  as  day  appeared,  captain  White 
was  called  on  board  the  privateer,  where  several  disputes 
arose,  in  which  some  wished  to  have  the  vessel  carried  into 
Jamaica,  others  that  the  passengers  with  their  effects  should 
be  put  on  board  as  prisoners,  and  others  that  the  captain's 
nunk  containing  money  should  be  seized,  others  in  fine, 
that  they  should  seize  the  negro  slaves,  or  send  captain 
While  back  with  a  new  detachment,  who  should  continue 
10  search  the  effects  and  vessel. 

We  observed  among  this  brutal  and  greedy  horde,  a  man 
who  not  only  disapproved  the  conduct  of  the  others,  but 
also  appeared  very  much  opposed  to  the  attempt  which  he 
saw  them  determined  to  commit  in  one  way  or  another  on 
neutral  property.  This  was  the  surgeon  of  the  privateer, 
perhaps  he  might  have  had  sufficient  ascendency  to  hinder 
them  from  taking  the  vessel,  but.  he  could  not  doubtlese 
obtain  everything:  at  eight  o'clock  the  privateer  gave 
orders  to  the  detachment  which  guarded  us,  to  bring  <il 
the  negroes  and  return  on  board.  They  at  tin'  same 
time  permitted  captain  White  to  hoist  sail,  lie  set  sail  tu 
vol,,  r.  1  7 


130  AMERICAN 

order  to  go  and  reconnoitre  two  vessels  which  were  mak- 
ing for  the  entrance. 

Under  these  circumstances,  captain  White,  as  well  as- 
the  passengers,  having  no  means  of  reclamation,  the  for- 
mer against  the  hostile  proceedings  of  the  privateer,  the 
latter  against  the  carrying  off  the  negroes,  could  do  no 
otherwise  than  follow  their  destination,  reserving  to  them- 
selves the  privileges  of  their  respective  rights  against 
this  piracy. 

Several  men  belonging  to  the  privateer  have  given  us 
information  relative  tc  this  vessel,  and  the  captain  by  the 
particular  information  of  the  surgeon.  The  vessel  is  call- 
ed the  Joseph  and  Mary,  of  Kingston,  island  of  Jamaica, 
commanded  by  David  Harris,  owners  M.  M.  Allen  and 
White.  Captain  Harris  appeared  to  us  to  be  a  weak,  inde- 
cisive man,  without  character,  having  no  authority  over 
his  crew,  and  we  cannot  help  thinking  that  in  this  ren- 
counter, at  the  mercy  of  a  crew  of  fifty  or  sixty  men,  the 
most  of  whom  eager  for  plunder,  without  any  subordina- 
(ion,  the  vessel,  our  persons  and  our  property,  have  been 
in  the  greatest  danger. 

Done  on  board  the  galliot  called  the  Regulator,  cap- 
tain White,  the  7th  June,  1793. 

SIMON  WHITE,  Captain. 

LEWIS  JEWELL,  Master. 
Peter  Nouvel,  —    ^ 

Chouquet  de  Savareau,  I  D 
/-.at  Messengers. 

Gastin  de  JNogere,  (  G 

G.  Bentier,  j 

Certified  to  be  conformable  to  the  original.      GENET. 


The  Citizen  Genet,  Minister  of  the  Republick  of  France,  to 
Mr.  Jefferson,  Secretary  of  State  of  the  United  States. 
Philadelphia,  July  25,  1793,  2d  year  of  the  Republick  of 
France. 

Sir, — I  receive  daily  new  complaints  on  the  insults- 
which  the  English  are  pleased  to  commit  against  the  flag 
of  the  United  States,  the  papers  here  enclosed  will  prove 
to  you  that  the  sovereignty  of  your  country  is  violated  with 
impunity,  not  by  the  legitimate  exercise  which  we  have 
thought  proper  to  make  of  some  rights  granted  to  us  by 
treaty,  but  by  the  spoliation,  the  pillage,  the  bad  treat- 
ment exercised  by  our  enemies  in  contempt  of  your  laws, 


STATE  PAPEK>.  131 

■and  even  under  shadow  of  the  signs  of  your  sovereignty. 
On  all  the  seas  an  audacious  piracy  pursues  even  in  your 
vessels  French  property,  and  also  that  of  the  Americans 
when  destined  for  our  ports — your  political  rights  are 
counted  for  nothing :  in  vain  do  the  principles  of  neutrali- 
ty establish,  that  friendly  vessels  make  friendly  goods  :  in 
vain,  sir,  does  the  President  of  the  United  States  endeavour, 
by  his  proclamation,  to  reclaim  the  observation  of  this 
maxim ;  in  vain  does  the  desire  of  preserving  peace  lead 
to  sacrifice  the  interests  of  France  to  that  of  the  moment ; 
in  vain  does  the  thirst  of  riches  preponderate  over 
honour  in  the  political  balance  of  America :  all  this  man- 
agement, all  this  condescension,  all  this  humility,  end  in 
nothing;  our  enemies  laugh  at  it;  and  the  French,  too 
confident,  are  punished  for  having  believed  that  the  Ame- 
rican nation  had  a  fiag,  that  they  had  some  respect  for 
their  laws,  some  conviction  of  their  strength,  and  entertain- 
ed some  sentiment  of  their  dignity.  It  is  not  possible  for 
me,  sir,  to  paint  to  you  all  my  sensibility  at  this  scandal, 
which  tends  to  the  diminution  of  your  commerce,  to  the 
oppression  of  ours,  and  to  the  debasement  and  vilification 
of  republicks.  It  is  for  the  Americans  to  make  known 
(heir  generous  indignation  at  this  outrage,  and  I  must  con- 
fine myself  to  demand  of  you,  a  second  time,  to  inform  me 
of  the  measures  which  you  have  taken  in  order  to  obtain 
restitution  of  the  property  plundered  from  my  fellow  citi- 
zens under  the  protection  of  your  flag.  It  is  from  our 
government  they  have  learned  that  the  Americans  were 
our  allies,  that  the  American  nation  was  sovereign,  and 
i  hat  they  knew  how  to  make  themselves  respected.  It  is 
then  under  the  very  sanction  of  the  French  nation  that 
they  have  confided  their  property  and  persons  to  the  safe- 
guard of  the  American  flag,  and  on  her  they  submit  the 
care  of  causing  those  rights  to  be  respected.  But  if  our 
fellow  citizens  have  been  deceived,  if  you  are  not  in  a 
condition  to  maintain  the  sovereignty  of  your  people, 
speak ;  we  have  guaranteed  it  when  slaves,  we  shall  be 
able  to  render  it  formidable,  having  become  freemen. 
Accept,  sir,  &c.  GENET. 

This  day  the  ISlh  July,  1 793,  2c?  year  of  the  French  Rc- 
publick, 

Appeared  before  us,  Francis  Dupont,  consul  of   the 
French  Republick,  at  Philadelphia,  in  the  state  of  Pennsyl- 


132  AMERICAN 

vania,  the  undersigned  citizen  la  Roussie,  merchant  of 
Bordeaux,  now  in  this  city  of  Philudelphia,who  declared  to 
us  that  having  departed  from  St.  Mark  the  12th  June  last,  in 
the  American  brigantine,  the  Governour  Pinckney,  of 
Charleston,  captain  D.  Jenkins,  belonging  to  Mr.  Therick 
of  the  said  place,  the  said  vessel  was  stopped  before  the 
Mole  on  the  14th  of  said  month,  by  a  privateer  of  the  colony 
of  Saint  Vincent,  who  after  having  visited  them  and  finding 
nothing  which  could  lead  them  to  doubt  the  vessel's  being 
really  American  property,  carried  them  in  under  the  sole 
pretext,  that  they  had  on  board  said  vessel  some  French 
passengers  ;  the  declarer  complaining  that  they  plundered 
his  trunk  of  two  watches,  a  chain,  and  a  medal,  a  golden  kej 
and  thirty-two  half  Johannes,  and  other  effects  in  linen, 
which  places  him  in  a  cruel  position,  that  they  were  car- 
ried into  Providence  where  they  remained  only  eleven 
days,  at  a  fourth  of  a  dollar  per  day,  at  the  end  of  which 
time  they  were  set  at  liberty,  because  the  island  began  to 
want  provisions,  and  that  they  were  there  in  too  great 
numbers.  The  declarer  had  put  on  board  on  account  of 
sundry  persons,  and  to  the  bearer  of  the  bill  of  lading, 
seven  hogsheads,  ^twelve  tierces  and  fifty-three  sacks  of 
coffee ;  eight  large  and  four  small  bales  of  cotton,  and 
twelve  quarters  of  sugar,  which  the  American  captain, 
whom  he  supposes  to  have  been  gained  over,  as  well  as 
some  others  of  those  who  were  carried  into  the  said  port, 
declared  to  be  French  property. 

In  testimony  whereof,  the  said  appearer  has  signed 
the  present  with  us,  in  presence  of  the  two  under- 
signed witnesses. 

LA  ROUSSIE,  BINET,  OSTER,  and 

FROIS.  DUPONT. 
Certified  conformable  to  the  original.  GENET. 

The  undersigned  citizens  declare,  That  having  depart- 
ed from  Cayemite,  department  de  la  Grande  jince,  the  2d 
June  last,  in  the  American  brig  Ranger,  captain  Perkins, 
bound  for  New  York,  they  were  visited,  in  clearing  the 
entrance  of  Inague,  by  an  English  privateer,  armed  by 
Monsieur  Moz,  merchant,  of  Nassau,  Providence,  who 
made  them  prisoners,  and  carried  them  into  said  place. 
The  undersigned  would  have  avoided  exposing  their  for- 
tunes in  time  of  war,  had  they  not  counted  on  the  invio- 


STATE    PAPERS.  133 

lability  of  treaties  of  neutrality,  which  should  naturally 
guarantee  all  property  on  board  of  a  neutral  vessel ;  not- 
withstanding this  consideration  was  frequently  urged  to 
the  privateer,  he  plundered  us  of  230,000  pounds  of  coffee, 
belonging  as  well  to  us  as  four  other  passengers  of  the 
said  brig,  observing  that  we  were  a  good  prize,  according 
to  a  paper  called  a  proclamation  of  General  Washington, 
conveying,  in  substance,  that  the  property  of  subjects  of 
the  belligerent  powers  might  be  taken  on  board  American 
vessels. 

In  testimony  whereof  we  have  deposited  the  present 
declaration  in  the  Chancery  of  the  Consulate  of  the 
French  Republick,  in  order  to  establish  our  right  at 
a  proper  time  and  place. 

New  York,  July  30,  1 793,  2d  year  of  the  French  Republick. 
Signed  in  original,  Morles  and  M.  Sarrazin  Guel  Ve. 
le  Sieur,  Boithon,  and  Lamarque,  par  main  cPem- 
prunt. 

Certified  to  be  conformable  to  the  original  deposited  in 
the  Chancery  of  the  Consulate  at  New  York. 

GENET. 

Copy  of  a  letter  to  Citizen  Genet,  from  Conyngham  Nesbitt 
and  Co.     Philadelphia,  July  26,  1793. 

Sir, — We  have  just  received  advice,  that  the  ship  Sal- 
ly, captain  Griffith,  loaded  by  us  with  flour,  from  Balti- 
more for  Havre,  is  just  returned  to  said  place,  after  having 
been  captured  by  a  privateer,  and  carried  into  Guernsey 
or  Jersey.  The  protests  and  papers  will  be  sent  us  by 
the  next  post.  The  captain  further  informs,  that  they  had 
also  captured  the  ship  Columbia,  of  Baltimore,  having  on 
board  the  French  minister  drove  from  Portugal. 

Whenever  we  receive  further  intelligence,  we  shall 
communicate  it  to  you. 

Being,  with  respect,  sir,  yours,  &c. 

Certifie  conformc  a  la  lettre  de  M.  M.  Conyngham 
Nesbitt  et  Co.  qui  est  restfee  entrc  mes  mains  a  Philadel- 
phie,  le  26  Juillet,  1793,  Pan  2d.  GENET. 


134  AMERICAN 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister  Ple- 
nipotentiary of  France.     Philadelphia,  July  24,  1793. 

Sir, — Your  favour  of  the  9th  instant  covered  the  infor- 
mation of  Silvat  Ducamp,  Pierre  Nouvel,  Chouquet  de 
Savarence,  Gaston  de  Nogere,  andG.  Beustier,  that  being 
on  their  passage  from  the  French  West  Indies  to  the 
United  States,  on  board  merchant  vessels  of  the  United 
States,  with  slaves  and  merchandise  of  their  property, 
these  vessels  were  stopped  by  British  armed  vessels,  and 
their  property  taken  out  as  lawful  prize. 

I  believe  it  cannot  be  doubted,  but  that,  by  the  general 
law  of  nations,  the  goods  of  a  friend  found  in  the  vessel  of 
an  enemy  are  free,  and  the  goods  of  an  enemy  found  in 
the  vessel  of  a  friend  are  lawful  prize.  Upon  this  princi- 
ple, I  presume,  the  British  armed  vessels  have  taken  the 
property  of  French  citizens  found  in  our  vessels,  in  the 
cases  above  mentioned,  and  I  confess  I  should  be  at  a  loss 
on  what  principle  to  reclaim  it.  It  is  true,  that  sundry 
nations,  desirous  of  avoiding  the  inconveniences  of  having 
their  vessels  stopped  at  sea,  ransacked,  carried  into  port, 
and  detained,  under  pretence  of  having  enemy  goods  on 
board,  have,  in  many  instances,  introduced,  by  their  special 
treaties,  another  principle  between  them,  that  enemy  bot- 
toms shall  make  enemy  goods,  and  friendly  bottoms  friend- 
ly goods  ;  a  principle  much  less  embarrassing  to  com- 
merce, and  equal  to  all  parties  in  point  of  gain  and  loss  ; 
but  this  is  altogether  the  effect  of  particular  treaty,  con- 
trolling, in  special  cases,  the  general  principle  of  the  law 
of  nations,  and  therefore  taking  effect  between  such  nations 
only  as  have  so  agreed  to  control  it.  England  has  gene- 
rally determined  to  adhere  to  the  rigorous  principle,  hav- 
ing in  no  instance,  as  far  as  I  recollect,  agreed  to  the  modi- 
fication of  letting  the  property  of  the  goods  follow  that  of 
the  vessel,  except  in  the  single  one  of  her  treaty  with 
France.  We  have  adopted  this  modification  in  our  treaties 
with  France,  the  United  Netherlands  and  Prussia,  and 
therefore,  as  to  them,  our  vessels  cover  the  goods  of  their 
enemies,  and  we  lose  our  goods  when  in  the  vessels  of 
their  enemies.  Accordingly,  you  will  -be  pleased  to  recol- 
lect, that  in  the  late  case  of  Holland  and  Mackie,  citizens 
of  the  United  States,  who  had  laden  a  cargo  of  flour  on 
board  a  British  vessel,  which  was  taken  by  the  French 
frigate  Ambuscade,  and  brought  into  this  port  ;  when  I 


STATE  PAPERS.  135 

reclaimed  the  cargo,  it  was  only  on  the  ground  that  they 
were  ignorant  of  the  declaration  of  war  when  it  was  ship- 
ped. You  observed  however,  that  the  14th  article  of  our 
treaty  had  provided  that  ignorance  should  not  be  pleaded 
beyond  two  months  after  the  declaration  of  war,  which  term 
had  elapsed,  in  this  case,  by  some  few  days  ;  and  finding 
that  to  be  the  truth,  though  their  real  ignorance  was  equal- 
ly true,  I  declined  the  reclamation,  as  it  never  was  in  my 
view  to  reclaim  the  cargo,  nor  in  yours  to  offer  to  restore 
it,  by  questioning  the  rule  established  in  our  treaty,  that 
enemy  bottoms  make  enemy  goods.  With  England,  Spain, 
Portugal  and  Austria,  we  have  no  treaties,  therefore  we 
have  nothing  to  oppose  to  their  acting  according  to  the 
general  law  of  nations,  that  enemy  goods  are  lawful  prize, 
though  found  in  the  bottoms  of  a  friend.  Nor  do  I  see  that 
France  can  suffer  on  the  whole,  for  though  she  loses  her 
goods  in  our  vessels,  when  found  therein  by  England, 
Spain,  Portugal,  or  Austria,  yet  she  gains  our  goods,  when 
found  in  the  vessels  of  England,  Spain,  Portugal,  Austria, 
the  United  Netherlands  or  Prussia  ;  and  I  believe  I  may 
safely  affirm,  that  we  have  more  goods  afloat  in  the  vessel;? 
of  these  six  nations,  than  France  has  afloat  in  our  vessels, 
and  consequently,  that  France  is  the  gainer,  and  we  the 
loser,  by  the  principle  of  our  treaty  ;  indeed  we  are  losers 
in  every  direction  of  that  principle  ;  for  when  it  works  in 
our  favour,  it  is  to  save  the  goods  of  our  friends,  when  it 
works  against  us,  it  is  to  lose  our  own,  and  we  shall  con- 
tinue to  lose  while  the  rule  is  only  partially  established. 
When  we  shall  have  established  it  with  all  nations,  we 
shall  be  in  a  condition  neither  to  gain  nor  lose,  but  shall 
be  less  exposed  to  vexatious  searches  at  sea.  To  this 
condition  we  arc  endeavouring  to  advance  ;  but  as  it  de- 
pends on  the  will  of  other  nations,  as  well  as  our  own,  we 
can  only  obtain  it  when  they  shall  be  ready  to  concur. 

I  cannot  therefore  but  flatter  myself,  thai,  on  revising 
the  cases  of  Ducamp  and  others,  you  will  perceive,  that 
their  losses  result  from  the  state  of  war,  which  has  per- 
mitted their  enemies  to  take  their  goods,  though  found  in 
our  vessels,  and  consequently,  from  circumstances  over 
which  we  have  no  control. 

The  rudeness  to  their  persons  practised  by  their  enemies. 
is  certainly  not  favourable  to  the  character  of  the  latter. 
We  feel  for  it  as  much  as  for  the  extension  of  it  to  our  own 
citizens,  their  companion's,  and  find  in  it  a  motive  for  re- 


136  AMERICAN 

quiring  measures  to  be  taken,  which  may  prevent  repeti- 
tions of  it.     I  have  the  honour  to  be,  &c. 

TH  :  JEFFERSON. 


Mr.  Jefferson,  Secretary  of  State,  to  Mr.   Genet,  Minister 
Plenipotentiary  of  France.     Philadelphia,  Aug.  1,  1793. 

Sir, — In  a  letter  of  June  5th,  I  had  the  honour  to  inform 
you,  that  the  President,  after  reconsidering,  at  your  request, 
the  case  of  vessels  armed  within  our  ports  to  commit  hos- 
tilities on  nations  at  peace  with  the  United  States,  had 
finally  determined,  that  it  could  not  be  admitted,  and  de- 
sired, that  all  those,  which  had  been  so  armed,  should  de- 
part from  our  ports.  It  being  understood  afterwards  that 
these  vessels  either  still  remained  in  our  ports,  or  had  only 
left  them  to  cruise  on  our  coasts,  and  return  again  with 
their  prizes,  and  that  another  vessel,  the  Little  Democrat, 
had  been  since  armed  at  Philadelphia,  it  was  desired  in  my 
letter  of  the  12th  of  July,  that  such  vessels  with  their  prizes 
should  be  detained,  till  a  determination  should  be  had  of 
what  was  to  be  done  under  these  circumstances.  In  dis- 
regard, however,  of  this  desire,  the  Little  Democrat  went 
out  immediately  on  a  cruise. 

I  have  it  now  in  charge  to  inform  you,  that  the  President 
considers  the  United  States,  as  bound,  pursuant  to  positive 
assurances,  given  in  conformity  to  the  laws  of  neutrality, 
to  effectuate  the  restoration  of,  or  to  make  compensation 
for,  prizes,  which  shall  have  been  made,  of  any  of  the 
parties  at  war  with  France,  subsequent  to  the  5th  day  of 
June  last,  by  privateers  fitted  out  of  our  ports. 

That  it  is  consequently  expected,  that  you  will  cause 
restitution  to  be  made  of  all  prizes  taken  and  brought  into 
our  ports,  subsequent  to  the  above  mentioned  day.  by  such 
privateers  ;  in  defect  of  which,  the  President  considers  ii 
as  incumbent  upon  the  United  States,  to  indemnify  the 
owners  of  those  prizes.  The  indemnification  to  be  reim- 
bursed by  the  French  nation. 

That,  besides  taking  efficacious  measures  to  prevent  the 
future  fitting  out  privateers  in  the  ports  of  the  United 
States,  they  will  not  give  asylum  therein,  to  any  which 
shall  have  been  at  any  time  so  fitted  out,  and  will  cause 
restitution  of  all  such  prizes  as  shall  be  hereafter  brought 
within  their  ports,  by  any  of  the  said  privateers. 

It  would  have  been  but  proper  respect  to  the  authority 


*TAT1E    PAPERS.  1'%?' 

ef  the  country,  had  that  been  consulted  before  these  arma- 
ments were  undertaken.  It  would  have  been  satisfactory, 
however,  if  their  sense  of  them,  when  declared,  had  been 
duly  acquiesced  in.  Reparation  of  the  injury,  to  which 
the  United  States  have  been  made  so  involuntarily  instru- 
mental, is  all  which  now  remains,  and  in  diis  your  com- 
pliance cannot  but  be  expected. 

In  consequence  of  the  information  given  in  your  letter 
of  the  4th  instant,  that  certain  citizens  of  St.  Domingo, 
lately  arrived  in  the  United  States,  were  associating  for 
the  purpose  of  undertaking  a  military  expedition,  from  the 
territory  of  the  United  States,  against  that  island,  the 
governour  of  Maryland,  within  which  state  the  expedition 
is  understood  to  be  preparing,  is  instructed  to  take  effec- 
tual measures  to  prevent  the  same.  I  have  the  honour  to 
be,  &c.  TH  :  JEFFERSON. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Morris,  Minister 
Plenipotentiary  of  the  United  States  with  the  Republick  of 
France.     Philadelphia,  Aug.  16,  1793. 

Sir, — In  my  letter  of  June  13th,  I  enclosed  to  you  the 
copies  of  several  letters,  which  had  passed  between  Mr. 
Ternant,  Mr.  Genet,  and  myself,  on  the  occurrences  to 
which  the  present  war  had  given  rise  within  our  ports. 
The  object  of  this  communication  was  to  enable  you  to  ex- 
plain the  principles  on  which  our  government  was  conduct- 
ing itself  towards  the  belligerent  parties  ;  principles  which 
might  not  in  all  cases  be  satisfactory  to  all,  but  were  meant 
to  be  just  and  impartial  to  all.  Mr.  Genet  had  been  then 
but  a  little  time  with  us  ;  and  but  a  little  more  was  neces- 
sary to  develop  in  him  a  character  and  conduct,  so  unex- 
pected, and  so  extraordinary,  as  to  place  us  in  the  most 
distressing  dilemma,  between  our  regard  for  his  nation, 
which  is  constant  and  sincere,  and  a  regard  for  our  laws, 
the  authority  of  which  must  be  maintained  ;  for  the  peace 
of  our  country,  which  the  executive  magistrate  is  charged 
to  preserve ;  for  its  honour,  offended  in  the  person  of  that 
magistrate ;  and  for  its  character,  grossly  traduced  in  the 
conversations  and  letters  of  this  gentleman.  In  the  course 
of  these  transactions,  it  has  been  a  great  comfort  to  us  to 
believe,  that  none  of  them  were  within  the  intentions  or 
expectations  of  his  employers.  These  had  been  too  re- 
cently expressed  in  acts  which  nothing  could  discolour,  in 
vol.   i.  -18 


13S  AMERICAS. 

the  letters  of  the  executive  council,  in  the  letters  and  de- 
crees of  the  national  assembly,  and  in  the  general  demea- 
nour of  the  nation  towards  us,  to  ascribe  to  them  things  of 
so  contrary  a  character.  Our  first  duty,  therefore,  was  to 
draw  a  strong  line  between  their  intentions,  and  the  pro- 
ceedings of  their  minister ;  our  second,  to  lay  those  pro- 
ceedings faithfully  before  them. 

On  the  declaration  of  war  between  France  and  England, 
the  United  States  being  at  peace  with  both,  their  situation 
was  so  new  and  unexperienced  by  themselves,  that  their 
citizens  were  not,  in  the  first  instant,  sensible  of  the  new 
duties  resulting  therefrom,  and  of  the  restraints  it  would 
impose  even  on  their  dispositions  towards  the  belligerent 
powers.  Some  of  them  imagined  (and  chiefly  their  tran- 
sient seafaring  citizens)  that  they  were  free  to  indulge  those 
dispositions,  to  take  side  with  either  party,  and  enrich 
themselves  by  depredations  on  the  commerce  of  the  other, 
and  were  meditating  enterprises  of  this  nature,  as  there  was 
reason  to  believe.  In  this  state  of  the  publick  mind,  and 
before  it  should  take  an  erroneous  direction,  difficult  to  be 
set  right,  and  dangerous  to  themselves  and  their  country, 
the  President  thought  it  expedient,  through  the  channel  of 
a  proclamation,  to  remind  our  fellow  citizens,  that  we  were 
in  a  state  of  peace  with  all  the  belligerent  powers  ;  that 
in  that  state  it  was  our  duty  neither  to  aid  nor  injure  any  : 
to  exhort  and  warn  them  against  acts  which  might  con- 
travene this  duty,  and  particularly  those  of  positive  hos- 
tility, for  the  punishment  of  which  the  laws  would  be  ap- 
pealed to ;  and  to  put  them  on  their  guard  also  as  to  the 
risks  they  would  run,  if  they  should  attempt  to  carry  arti- 
cles of  contraband  to  any.  This  proclamation,  ordered 
on  the  1 9th,  and  signed  the  22d  day  of  April,  was  sent  to 
you  in  my  letter  of  the  26th  of  the  same  month. 

On  the  day  of  its  publication,  we  received  through  the 
channel  of  the  newspapers,  the  first  intimation  that  Mr. 
Genet  had  arrived  on  the  8th  of  the  month  at  Charleston, 
in  character  of  minister  plenipotentiary  from  his  nation  to 
the  United  States,  and  soon  after,  that  he  had  sent  on  to 
Philadelphia  the  vessel  in  which  he  came,  and  would  him- 
self perform  the  journey  by  land.  His  landing  at  one  of 
the  most  distant  ports  of  the  Union  from  his  points  both  of 
departure  and  destination,  was  calculated  to  excite  atten- 
tion ;  and  very  soon  afterwards  we  learnt  that  he  was  un- 
dertaking to  authorize  the  fitting  and  arming  of  vessels  m 


STATE  PAPERS.  139 

that  port,  enlisting  men,  foreigners  and  citizens,  and  giv- 
ing them  commissions  to  cruise  and  commit  hostilities  on 
nations  at  peace  with  us ;  that  these  vessels  were  taking 
and  bringing  prizes  into  our  ports ;  that  the  consuls  of 
France  were  assuming  to  hold  courts  of  admiralty  on  them, 
to  try,  condemn,  and  authorize  their  sale  as  legal  prize, 
and  all  this  before  Mr.  Genet  had  presented  himself  or  his 
credentials  to  the  President,  before  he  was  received  by 
him,  without  his  consent  or  consultation,  and  directly  in 
contravention  of  the  state  of  peace  existing,  and  declared 
to  exist  in  the  President's  proclamation,  and  incumbent  on 
him  to  preserve  till  the  constitutional  authority  should 
otherwise  declare.  These  proceedings  became  immedi- 
ately, as  was  naturally  to  be  expected,  the  subject  of  com- 
plaint by  the  representative  here  of  that  power  against 
whom  they  would  chiefly  operate.  The  British  minister 
presented  several  memorials  thereon,  to  which  we  gave  the 
answer  of  May  15th,  heretofore  enclosed  to  you,  corres- 
ponding in  substance  with  a  letter  of  the  same  date,  writ- 
ten to  Mr.  Ternant,  the  minister  of  France  then  residing 
here,  a  copy  of  which  I  send  herewith.  On  the  next  day 
Mr.  Genet  reached  this  place,  about  five  or  six  weeks  after 
he  had  arrived  at  Charleston,  and  might  have  been  at 
Philadelphia,  if  he  had  steered  for  it  directly.  He  was 
immediately  presented  to  the  President,  and  received  by 
him  as  the  minister  of  the  Republick ;  and  as  the  conduct 
before  stated  seemed  to  bespeak  a  design  of  forcing  us 
into  the  war,  without  allowing  us  the  exercise  of  any  free 
will  in  the  case,  nothing  could  be  more  assuaging  than  his 
assurances  to  the  President  at  his  reception,  which  he  re- 
pealed to  me  afterwards  in  conversation,  and  in  publick 
to  the  citizens  of  Philadelphia,  in  answer  to  an  address 
from  them,  that,  on  account  of  our  remote  situation  and 
other  circumstances,  France  did  not  expect  that  we  should 
become  a  party  to  the  war,  but  wished  to  see  us  pursue 
our  prosperity  and  happiness  in  peace.  In  a  conversation 
a  few  days  after,  Mr.  Genet  told  me  that  M.  de  Ternant 
had  delivered  him  my  letter  of  May  15 ;  he  spoke  some- 
thing of  the  case  of  (lie  Grange,  and  then  of  the  armament 
al  Charleston;  explained  the  circumstances  which  had  led 
him  to  it  before  he  had  been  received  by  the  government 
and  consulted  its  will;  expressed  a  hope  that  the  Presi- 
dent had  not  so  absolutely  decided  against  the  measure 
but  thai  he  would  hear  what  was  to  be  said  in  support  of 


,140  AMERICAN 

it ;  that  he  would  write  me  a  letter  on  the  subject,  iu 
which  he  thought  he  could  justify  it  under  our  treaty ;  but 
that  if  the  President  should  finally  determine  otherwise, 
he  must  submit :  for  that  assuredly  his  instructions  were 
to  do  what  would  be  agreeable  to  us.  He  accordingly 
wrote  the  letter  of  May  27.  The  President  took  the  case 
again  into  consideration,  and  found  nothing  in  that  letter 
which  could  shake  the  grounds  of  his  former  decision. 
My  letter  of  June  5th,  notifying  this  to  him,  his  of  June  8 
and  14,  mine  of  the  17th,  and  his  again  of  the  22d,  will 
show  what  further  passed  on  this  subject,  and  that  he  was 
far  from  retaining  his  disposition  to  acquiesce  in  the  ulti- 
mate will  of  the  President. 

It  would  be  tedious  to  pursue  this  and  our  subsequent 
correspondences  through  all  their  details.  Referring  there- 
fore for  these  to  the  letters  themselves,  which  shall  accom- 
pany this,  I  will  present  a  summary  view  only  of  the  points 
of  difference  which  have  arisen,  and  the  grounds  on  which 
the}'  rest. 
.  1st.  Mr.  Genet  asserts  his  right  of  arming  in 

letters.  June  8.  ,       .        , .      .  <?  .  ,  °, 

22.  i.  May  27.    our  ports,  and  or  enlisting  our  citizens,  and  that 
we    have  no   right  to   restrain  him  or  punish 
them.     Examining  this  question  under  the  law  of  nations, 
founded  on  the  general   sense  and  usage  of  mankind,  we 
have  produced  proofs  from  the  most  enlightened  and  ap- 
proved writers  on  the  subject,  that  a  neutral 
vatteU3.  s.  104.  nation  must,  in  all  things  relating  to  the  war, 
observe  an  exact  impartiality  towards  the  par- 
ties ;  that  favours  to  one  to  the   prejudice  of  the  other, 
would  import  a  fraudulent  neutrality,  of  which  no   nation 
would  be  the  dupe ;  that  no  succour  should  be  given  to 
either  unless  stipulated  by  treaty,  in  men,  arms  or  any 
thing  else  directly  serving  for  war  ;  that  the  right  of  raising 
troops,  being  one  of  the  rights  of  sovereignty, 
va'tlei)  v'.  is.  and  consequently  appertaining  exclusively  to  the 
nation  itself,  no  foreign  power  or  person  can  levy 
men,  within  its  territory,  without  its  consent ;  and  he  who 
does,  may  be  rightfully  and  severely  punished  :  that  if  the 
United  States  have  a  right  to  refuse  the  permission  to  arm 
vessels  and  raise  men  within  their  ports  and  territories, 
they  are  bound  by  the  laws  of  neutrality  to  exercise  that 
right,  and  to  prohibit  such  armaments  and  enlistments. 
To  these  principles  of  the  law  of  nations,  Mr.  Genet  an- 


STATE  PAPERS.  141 

jane 22    swers  by  calling  them  'diplomatic  subtleties'  and 

'  aphorisms  of  Vattel  and  others.'     But  somethin 
more  than  this,  is  necessary  to  disprove  them :  and  til 
they  are  disproved,  we  hold  it  certain  that  the  law  of  na- 
tions and  the  rules  of  neutrality  forbid   our  permitting 
either  party  to  arm  in  our  ports. 

But  Mr.  Genet  says,  that  the  22d  article  of  our 
treaty  allows  him  expressly  to  arm  in  our  ports. 
Why  has  he  not  quoted  the  very  words  of  that  article,  ex- 
pressly allowing  it  1  For  that  would  have  put  an  end  to  all 
further  question.  The  words  of  the  article  are,  "  It  shall 
not  be  lawful  for  any  foreign  privateers,  not  belonging  to 
subjects  of  the  Most  Christian  King,  nor  citizens  of  the 
said  United  States,  who  have  commissions  from  any  prince 
or  state  in  enmity  with  either  nation,  to  fit  their  ships  in 
the  ports  of  either  the  one  or  the  other  of  the  aforesaid 
parties."  Translate  this  from  the  general  terms  in  which 
it  here  stands,  into  the  special  case  produced  by  the  pre- 
sent war.  "Privateers  not  belonging  to  France  or  the 
United  States,  and  having  commissions  from  the  enemies 
of  one  of  them"  are,  in  the  present  state  of  things,  "Bri- 
tish, Dutch  and  Spanish  privateers."  Substituting  these 
then  for  the  equivalent  terms,  it  will  stand  thus,  "  It  shall 
not  be  lawful  for  British,  Dutch  or  Spanish  privateers,  to 
fit  their  ships  in  the  ports  of  the  United  States."  Is  this 
an  express  permission  to  France  to  do  it  ?  Does  the  nega- 
tive to  the  enemies  of  France,  and  silence  as  to  France 
herself,  imply  an  affirmative  to  France  ?  Certainly  not :  It 
loaves  the  question,  as  to  France,  open  and  free  to  be  de- 
cided according  to  circumstances ;  and  if  the  parties  had 
meant  an  affirmative  stipulation,  they  would  have  provided 
for  it  expressly ;  they  would  never  have  left  so  important 
a  point  to  be  inferred  from  mere  silence,  or  implication. 
Suppose  they  had  desired  to  stipulate  a  refusal  to  their 
enemies,  but  nothing  as  to  themselves  ;  what  form  of  ex- 
pression would  they  have  used  ?  Certainly  the  one  they 
have  used ;  an  express  stipulation  as  to  their  enemies,  and 
silence  as  to  themselves.  And  such  an  intention  corres- 
ponds not  only  with  the  words,  but  with  the  circumstances 
of  the  times.  It  was  of  value  to  each  party  to  exclude  its 
enemies  from  arming  in  the  ports  of  the  other,  and  could, 
in  no  case,  embarrass  them.  They  therefore  stipulated 
so  far  mutually.  But  each  might  be  embarrassed  by  per- 
mitting the  other  to  srrm  in  its  ports.     They  therefore- 


142  AMERICAN 

would  not  stipulate  to  permit  that.  Let  us  go  back  to  the 
state  of  things  in  France  when  this  treaty  was  made,  and 
we  shall  find  several  cases,  wherein  France  could  not  have 
permitted  us  to  arm  in  her  ports.  Suppose  a  war  between 
these  states  and  Spain.  We  know,  that  by  the  treaties 
between  France  and  Spain,  the  former  could  not  permit 
the  enemies  of  the  latter  to  arm  in  her  ports.  It  was 
honest  in  her  therefore,  not  to  deceive  us  by  such  a  stipu- 
lation. Suppose  a  war  between  these  states  and  Great 
Britain.  By  the  treaties  between  France  and  Great  Bri- 
tain, in  force  at  the  signature  of  ours,  we  could  not  have 
been  permitted  to  arm  in  the  ports  of  France.  She  could 
not  then  have  meant,  in  this  article,  to  give  us  such  a  right. 
She  has  manifested  the  same  sense  of  it  again,  in  her  sub- 
sequent treaty  with  England,  made  eight  years  after  the 
date  of  ours,  stipulating,  in  the  16th  article  of  it,  as  in  our 
22d,  that  foreign  privateers,  not  being  subjects  of  either 
crown,  should  not  arm  against  either  in  the  ports  of  the 
other.  If  this  had  amounted  to  an  affirmative  stipulation, 
that  the  subjects  of  the  other  crown  might  arm  in  her  ports 
against  us,  it  would  have  been  in  direct  contradiction  to 
her  22d  article  with  us.  So  that,  to  give  to  these  nega- 
tive stipulations  an  affirmative  effect,  is  to  render  them 
inconsistent  with  each  other,  and  with  good  faith :  To  give 
them  only  their  negative  and  natural  effect,  is  to  reconcile 
them  to  one  another,  and  to  good  faith,  and  is  clearly  to 
adopt  the  sense  in  which  France  herself  has  expounded 
them.  We  may  justly  conclude  then,  that  the  article  only 
obliges  us  to  refuse  this  right,  in  the  present  case,  to  Great 
Britain  and  the  other  enemies  of  France.  It  does  not  go 
on  to  give  it  to  France,  either  expressly  or  by  implication. 
We  may  then  refuse  it.  And  since  we  are  bound  by  treaty 
to  refuse  it  to  the  one  party,  and  are  free  to  refuse 
it  to  the  other,  we  are  bound  by  the  laws  of  neutrality, 
to  refuse  it  to  that  other.  The  aiding  either  party  then, 
with  vessels,  arms  or  men,  being  unlawful  by  the  law 
of  nations,  and  not  rendered  lawful  by  the  treaty,  it  is 
made  a  question,  Whether  our  citizens,  joining  in  these 
unlawful  enterprises,  may  be  punished  ?  The  United  States, 
being  in  a  state  of  peace  with  most  of  the  belligerent 
powers  by  treaty,  and  with  all  of  them  by  the  laws  of  na- 
ture, murders  and  robberies,  committed  by  our  citizens, 
within  our  territory,  or  on  the  high  seas,  on  those  with 
whom  we  are  so  at  peace,  are  punishable,  equally  as  if 
committed  on  our  own  inhabitants.     If  I  might  venture  to 


STATE   PAPERS.  U3 

reason  a  little  formally,  without  being  charged  with  run- 
ning  into  u  subtleties  and  aphorisms,"  I  would  say,  that  if 
one  citizen  has  a  right  to  go  to  war  of  his  own  authority, 
every  citizen  has  the  same.  If  every  citizen  has  that 
right,  then  the  nation  (which  is  composed  of  all  its  citizens) 
has  a  right  to  go  to  war,  by  the  authority  of  its  individual 
citizens.  But  this  is  not  true,  either  on  the  general  prin- 
ciples of  society,  or  by  our  constitution,  which  gives  that 
power  to  Congress  alone,  and  not  to  the  citizens  individu- 
ally. Then  the  first  position  was  not  true  ;  and  no  citizen 
has  a  right  to  go  to  war  of  his  own  authority ;  and  for  what 
he  does  without  right,  he  ought  to  be  punished.  Indeed 
nothing  can  be  more  obviously  absurd,  than  to  say,  that 
all  the  citizens  may  be  at  war,  and  yet  the  nation  at  peace. 
It  has  been  pretended,  indeed,  that  the  engagement  of  a 
citizen,  in  an  enterprise  of  this  nature,  was  a  divestment 
of  the  character  of  a  citizen,  and  a  transfer  of  jurisdic- 
tion over  him  to  another  sovereign.  Our  citizens  are  cer- 
tainly free  to  divest  themselves  of  that  character,  by  emi- 
gration, and  other  acts  manifesting  their  intention,  and 
may  then  become  the  subjects  of  another  power,  and  free 
to  do  whatever  the  subjects  of  that  power  may  do.  But 
the  laws  do  not  admit,  that  the  bare  commission  of  a  crime 
amounts  of  itself  to  a  divestment  of  the  character  of 
citizen,  and  withdraws  the  criminal  from  their  coercion. 
They  would  never  prescribe  an  illegal  act  among  the  legal 
modes  by  which  a  citizen  might  disfranchise  himself;  nor 
render  treason,  for  instance,  innocent,  by  giving  it  the 
force  of  a  dissolution  of  the  obligations  of  the  criminal  to 
his  country.  Accordingly,  in  the  case  of  Henfield,  a  citi- 
zen of  these  states,  charged  with  having  engaged,  in  the 
port  of  Charleston,  in  an  enterprise  against  nations  at 
peace  with  us,  and  with  having  joined  in  the  actual  com- 
mission of  hostilities,  the  attorney  general  of  the  United 
States,  in  an  official  opinion,  declared,  that  the  act,  with 
which  he  was  charged,  was  punishable  by  law.  The  same 
thing  has  been  unanimously  declared  by  two  of  the  circuit 
courts  of  the  United  States,  as  you  will  see  in  the  charges 
of  chief  justice  Jay,  delivered  at  Richmond,  and  judge 
Wilson,  delivered  at  Philadelphia,  both  of  which  are  here- 
with sent.  Yet  Mr.  Genet,  in  the  moment  he  land* 
at  Charleston,  is  able  to  tell  the  governour,  and  continues 
to  affirm  in  his  correspondence  here,  that  no  law  of  the 
United   State*   authorizes   their   government   to   restrain 


144  AMERICAN 

either  its  own  citizens,  or  the  foreigners  inhabiting  its 
territory,  from  warring  against  the  enemies  of  France.  It 
is  true,  indeed,  that  in  the  case  of  Henfield,  the  jury  which 
tried,  absolved  him.  But  it  appeared,  on  the  trial,  that 
the  crime  Was  not  knowingly  and  wilfully  committed  ;  that 
Henfield  was  ignorant  of  the  unlawfulness  of  his  undertak- 
ing ;  that  in  the  moment  he  was  apprized  of  it,  he  showed 
real  contrition  ;  that  he  had  rendered  meritorious  services 
during  the  late  war,  and  declared  he  would  live  and  die 
an  American.  The  jury  therefore,  in  absolving  him,  did 
no  more  than  the  constitutional  authority  might  have  done, 
had  they  found  him  guilty ;  the  constitution  having  pro- 
vided for  the  pardon  of  offences  in  certain  cases,  and  there 
being  no  case  where  it  could  have  been  more  proper  than 
where  no  offence  was  contemplated.  Henfield  therefore 
was  still  an  American  citizen,  and  Mr.  Genet's  reclamation 
of  him,  was  as  unauthorized  as  the  first  enlistment  of  him. 
2d.  Another  doctrine  advanced  by  Mr.  Genet  is,  That 
our  courts  can  take  no  cognizance  of  questions,  Whether 
vessels  held  by  theirs  as  prizes,  are  lawful  prizes  or  not  : 
That  this  jurisdiction  belongs  exclusively  to  their  consu- 
lates here,  which  have  been  lately  erected  by  the  National 
Assembly,  into  complete  courts  of  admiralty. 

Let  us  consider,  first,  What  is  the  extent  of  the  jurisdic- 
tion which  the  consulates  of  France  may  rightfully  exercise 
here.  Every  nation  has  of  natural  right,  entirely  and 
exclusively,  all  the  jurisdiction  which  may  be  rightfully 
exercised  in  the  territory  it  occupies.  If  it  cedes  any  por- 
tion of  that  jurisdiction  to  judges  appointed  by  another 
nation,  the  limits  of  their  power  must  depend  on  the  instru- 
ment of  cession.  The  United  States  and  France  have,  by 
their  consular  convention,  given  mutually  to  their  consuls, 
jurisdiction  in  certain  cases  specially  enumerated.  But 
that  convention  gives  to  neither  the  power  of  establishing 
complete  courts  of  admiralty  within  the  territory  of  the 
other,  no:-  even  of  deciding  the  particular  question  of  prize 
or  not  prize.  The  consulates  of  France  then  cannot  take 
judicial  cognizance  of  those  questions  here.  Of  this  opin- 
ion Mr.  Genet  was,  when  he  wrote  his  letter  of  May  27th, 
wherein  he  promises  to  correct  the  errour  of  the  consul  at 
Charleston,  of  whom,  in  my  letter  of  the  1 5th,  I  had  com- 
plained, as  arrogating  to  himself  that  jurisdiction,  though, 
in  his  subsequent  letters,  he  has  thought  proper 
to  embark  in  the  errours  of  his  consuls. 


&.TATB    PAPERS.  146 

But  the  United  States,  at  the  same  time,  do  not  pretend 
any  right  to  try  the  validity  of  captures  made  on  the  high 
seas  by  France,  or  any  other  nation,  over  its  enemies. 
These  questions  belong,  of  common  usage,  to  the  sovereign 
of  the  captor,  and  whenever  it  is  necessary  to  determine 
them,  resort  must  be  had  to  his  courts.  This  is  the  case 
provided  for  in  the  1 7th  article  of  the  treaty,  which  says, 
that  such  prizes  shall  not  be  arrested,  nor  cognizance  taken 
of  the  validity  thereof ;  a  stipulation  much  insisted  on  by 
Mr.  Genet  and  the  consuls,  and  which  we  never  thought 
of  infringing  or  questioning.  As  the  validity  of  captures 
then,  made  on  the  high  seas,  by  France  over  its  enemies, 
cannot  be  tried  within  the  United  States  by  their  consuls, 
so  neither  can  it  by  our  courts.  Nor  is  this  the  ques- 
tion between  us,  though  we  have  been  misled  into  it. 

The  real  question  is,  Whether  the  United  States  have 
not  a  right  to  protect  vessels  within  their  waters,  and  on 
their  coasts .?  The  Grange  was  taken  within  the  Delaware, 
between  the  shores  of  Jersey  and  of  the  Delaware  state, 
and  several  miles  above  its  mouth.  The  seizing  her,  was 
sl  flagrant  violation  of  the  jurisdiction  of  the  United  States. 
Mr.  Genet,  however,  instead  of  apologizing,  takes  great 
merit,  in  his  letters,  for  giving  her  up.  The  William  is 
.said  to  have  been  taken  within  two  miles  of  the  shores  of 
the  United  States.  When  the  admiralty  declined  cogni- 
zance of  the  case,  she  was  delivered  to  the  French  consul, 
according  to  my  letter  of  June  25th,  to  be  kept  till  the 
Executive  of  the  United  States  should  examine  into  the 
case  ;  and  Mr.  Genet  was  desired,  by  my  letter  of  June 
29th,  to  have  them  furnished  with  the  evidence,  on  behalf 
of  the  captors,  as  to  the  place  of  capture.  Yet,  to  this  day, 
it  has  never  been  done.  The  brig  Fanny  was  alleged  to 
be  taken  within  five  miles  from  our  shore.  The  Catharine 
within  two  miles  and  a  half.  It  is  an  essential  attribute 
of  the  jurisdiction  of  every  country,  to  preserve  peace,  to 
punish  acts  in  breach  of  it,  and  to  restore  property  taken 
oy  force  within  its  limits.  Were  the  armed  vessel  of  any 
nation,  to  cut  away  one  of  our  own  from  the  wharves  of 
Philadelphia,  and  to  choose  to  call  it  a  prize,  would  this 
exclude  us  from  the  right  of  redressing  the  wrong  ?  Were 
it  the  vessel  of  another  nation,  are  we  not  equally  bound 
to  protect  it,  while  within  our  limits  ?  Were  it  seized  in 
any  other  waters,  or  on  the  shores  of  the  United  States. 
*Ke  right  of  redressing  is  still  the  same  :  And  humble  in- 
vor,.  k  10 


14$  AMERICAN 

deed  would  be  our  condition,  were  we  obliged  to  depend, 
for  that,  on  the  will  of  a  foreign  consul,  or  on  negotiation 
with  diplomatic  agents.  Accordingly,  this  right  of  pro- 
tection, within  its  waters,  and  to  a  reasonable  distance  on 
its  coasts,  has  been  acknowledged  by  every  nation,  and 
denied  to  none  ;  and  if  the  property  seized,  be  yet  within 
their  power,  it  is  their  right  and  duty  to  redress  the  wrong 
themselves. — France  herself  has  asserted  the  right  in  her- 
self, and  recognised  it  in  us,  in  the  6th  article  of  our  treaty ; 
where  we  mutually  stipulate,  that  we  will,  by  all  the  means 
in  our  pozcer,  (not  'by  negotiation)  protect  and  defend  each 
other's  vessels  and  effects,  in  our  ports  or  roads,  or  on  the 
seas  near  our  countries,  and  recover  and  restore  the  same 
to  the  right  owners.  The  United  Netherlands,  Prussia 
and  Sweden,  have  recognised  it  also,  in  treaties  with  us ; 
and  indeed  it  is  a  standing  formule,  inserted  in  almost  alt 
the  treaties  of  all  nations,  and  proving  the  principle  to  be 
acknowledged  by  all  nations. 

How,  and  by  what  organ  of  the  government,  whether 
judiciary  or  executive,  it  shall  be  redressed,  is  not  yet 
perfectly  settled  with  us.  One  of  the  subordinate  courts 
of  admiralty,  has  been  of  opinion,  in  the  first  instance,  in 
the  case  of  the  ship  William,  that  it  does  not  belong  to  the 
judiciary.  Another,  perhaps,  may  be  of  a  contrary  opin- 
ion. The  question  is  still  subjudice,  and  an  appeal  to  the 
court,  of  last  resort,  will  decide  it  finally.  If,  finally,  the 
judiciary  shall  declare,  that  it  does  not  belong  to  the  civil 
authority,  it  then  results  to  the  Executive,  charged  with 
the  direction  of  the  military  force  of  the  Union,  and  the 
conduct  of  its  affairs  with  foreign  nations.  But  this  is  a 
mere  question  of  internal  arrangement,  between  the  dif- 
ferent departments  of  the  government,  depending  on  the 
particular  diction  of  the  laws  and  constitution  ;  and  it  can 
in  no  wise  concern  a  foreign  nation,  to  which  department 
these  have  delegated  it. 

3d.  Mr.  Genet,  in  his  letter  of  July  9th,  requires  that 
the  ship  Jane,  which  he  calls  an  English  privateer,  shall 
be  immediately  ordered  to  depart ;  and  to  justify  this,  he 
appeals  to  the  22d  article  of  our  treaty,  which  provides, 
that  it  shall  not  be  lawful  for  any  foreign  privateer  to  fit 
their  ships  in  our  ports,  to  sell  zohat  they  have  taken,  or 
purchase  victuals,  &c.  The  ship  Jane  is  an  English 
merchant  vessel,  which  has  been  many  years  employed  in 
the  commerce  between  Jamaica  and  these  states.     Sh<* 


STATE  PAPERS.  1  4» 

?3rought  here  a  cargo  of  produce  from  that  island,  and  was 
to  take  away  a  cargo  of  flour.  Knowing  of  the  war  when 
she  left  Jamaica,  and  that  our  coast  was  lined  with  small 
French  privateers,  she  armed  for  her  defence,  and  took  one 
of  those  commissions  usually  called  Letters  of  Marque.  She 
arrived  here  safely,  without  having  had  any  rencounter  of 
any  sort.  Can  it  be  necessary  to  say,  that  a  merchant  vessel 
is  not  a  privateer  ?  That  though  she  has  arms  to  defend 
herself  in  time  of  war,  in  the  course  of  her  regular  com- 
merce, this  no  more  makes  her  a  privateer,  than  a  husband- 
man following  his  plough,  in  time  of  war,  with  a  knife  or 
pistol  in  his  pocket,  is  thereby  made  a  soldier  ?  The  occu- 
]>ation  of  a  privateer  is  to  attack  and  plunder,  that  of  a 
merchant  vessel  is  commerce  and  self-preservation.  The 
article  excludes  the  former  from  our  ports,  and  from  sell- 
ing what  she  has  taken,  that  is,  what  she  has  acquired  by 
war,  to  show  it  did  not  mean  the  merchant  vessel,  and 
what  she  had  acquired  by  commerce.  Were  the  merchant 
vessels,  coming  for  our  produce,  forbidden  to  have  any 
arms  for  their  defence,  every  adventurer  who  has  a  boat, 
or  money  enough  to  buy  one,  would  make  her  a  privateer, 
our  coasts  would  swarm  with  them,  foreign  vessels  must 
cease  to  come,  our  commerce  must  be  suppressed,  our 
produce  remain  on  our  hands,  or  at  least  that  great  portion 
of  it  which  we  have  not  vessels  to  carry  away,  our  ploughs 
must  he  laid  aside,  and  agriculture  suspended.  This  is  a 
sacrifice  no  treaty  could  ever  contemplate,  and  which  we 
are  not  disposed  to  make  out  of  mere  complaisance  to  a 
false  definition  of  the  term  privateer.  Finding  that  the 
Jane  had  purchased  new  carriages  to  mount  two  or  three 
additional  guns,  which  she  had  brought  in  her  hold,  and 
that  she  had  opened  additional  port-holes  for  them,  the 
carriages  were  ordered  to  be  relandcd,  the  additional  port 
holes  stopped,  and  her  means  of  defence  reduced  to  be 
exactly  the  same  at  her  departure,  as  at  her  arrival.  This 
was  done  on  the  general  principle  of  allowing  no  parly  to 
arm  within  our  ports. 

4th.  The  17th  article  of  our  treaty  leaves  armed  vessels 
free  to  conduct,  whithersoever  they  please,  the  ships  and 
j;oods  taken  from  their  enemies,  without  paying  any  duty. 
and  to  depart  and  be  conducted  freely  to  the  places  ex- 
pressed in  their  commissions,  which  the  captain  shall  be 
obliged  to  show.  It  is  evident,  that  this  article  does  not 
contemplate  a  freedom  to  sell  their  prizes  here  ;  but,  on  the 


148  AMERICAN" 

contrary,  a  departure  to  some  other  place,  always  to  be 
expressed  in  their  commission,  where  their  validity  is  to 
be  finally  adjudged.  In  such  case,  it  would  be  as  unrea- 
sonable to  demand  duties  on  the  goods  they  had  taken 
from  an  enemy,  as  it  would  be  on  the  cargo  of  a  merchant 
vesselj,  touching  in  our  ports  for  refreshment  or  advices. 
And  against  this  the  article  provides.  But  the  armed  ves- 
sels of  France  have  been  also  admitted  to  land  and  sell 
their  prize  goods  here  for  consumption  ;  in  which  case,  if. 
is  as  reasonable  they  should  pay  duties,  as  the  goods  of 
a  merchantman,  landed  and  sold  for  consumption.  They 
have,  however,  demanded,  and  as  a  matter  of  right,  to  sell 
them  free  of  duty  ;  a  right,  they  say,  given  by  this  article 
of  the  treaty,  though  the  article  does  not  give  the  right  to 
sell  at  all.  Where  a  treaty  does  not  give  the  principal 
right  of  selling,  the  additional  one  of  selling  duty  free,  can- 
not be  given  ;  and  the  laws,  in  admitting  the  principal 
right  of  selling,  may  withhold  the  additional  one  of  selling 
duty  free.  It  must  be  observed,  that  our  revenues  are 
raised  almost  wholly  on  imported  goods.  Suppose  prize 
goods  enough  should  be  brought  in  to  supply  our  whole 
consumption.  According  to  their  construction,  we  are  to 
lose  our  whole  revenue.  I  put  the  extreme  case,  to  evince 
more  extremely  the  unreasonableness  of  the  claim.  Partial 
supplies  would  aifect  the  revenue  but  partially.  They 
would  lessen  the  evil,  but  not  the  errour,  of  the  construc- 
tion. And  I  believe  we  may  say  with  truth,  that  neither 
party  had  it  in  contemplation,  when  penning  this  article, 
to  abandon  any  part  of  its  revenue,  for  the  encouragement 
of  the  sea  robbers  of  the  other. 

5th.  Another  source  of  complaint  with  Mr.  Genet,  has 
been,  that  the  English  take  French  goods  out  of  American 
vessels,  which  he  says  is  against  the  law  of  nations,  and 
ought  to  be  prevented  by  us.  On  the  contrary,  we  sup- 
pose it  to  have  been  long  an  established  principle  of  the 
law  of  nations,  that  the  goods  of  a  friend  are  free  in  an 
enemy's  vessel,  and  an  enemy's  goods  lawful  prize  in  the 
vessel  of  a  friend.  The  inconvenience  of  this  principle, 
which  subjects  merchant  vessels  to  be  stopped  at  sea, 
Bearchcd,  ransacked,  led  out  of  their  course,  has  induced 
several  nations  latterly  to  stipulate  against  it  by  treaty, 
and  to  substitute  another  in  its  stead,  that  free  bottoms 
shall  make  free  goods,  and  enemy  bottoms  enemy  goods  ; 
a  rule  equal  to  the  other  in  point  of  loss  and  gain,  but  les& 


STATft   PAPERS.  14.9 

oppressive  to  commerce.  As  far  as  it  has  been  intro- 
duced, it  depends  on  the  treaties  stipulating  it,  and  forms* 
exceptions  in  special  cases  to  the  general  operation  of  the 
law  of  nations.  We  have  introduced  it  into  our  treaties 
with  France,  Holland  and  Prussia ;  and  French  goods 
found  by  the  two  latter  nations  in  American  bottoms,  are 
not  made  prize  of.  It  is  our  wish  to  establish  it  with 
other  nations.  But  this  requires  their  consent  also,  is  a 
work  of  time,  and  in  the  mean  while  they  have  a  right  to 
act  on  the  general  principle,  without  giving  to  us,  or  to 
France,  cause  of  complaint.  Nor  do  I  see  that  France 
can  lose  by  it  on  the  whole.  For  though  she  loses  her 
goods  when  found  in  our  vessels,  by  the  nations  with  whom 
we  have  no  treaties,  yet  she  gains  our  goods,  when  found 
in  the  vessels  of  the  same,  and  all  other  nations  :  and  we 
believe  the  latter  mass  to  be  greater  than  the  former.  It 
is  to  be  lamented,  indeed,  that  the  general  principle  has 
operated  so  cruelly  in  the  dreadful  calamity  which  has 
lately  happened  in  St.  Domingo.  The  miserable  fugitives, 
who  to  save  their  lives,  had  taken  asylum  in  our  vessels, 
with  such  valuable  and  portable  things  as  could  be  gather- 
ed in  the  moment,  out  of  the  ashes  of  their  houses,  and 
wrecks  of  their  fortunes,  have  been  plundered  of  these 
remains  by  the  licensed  sea  rovers  of  their  enemies.  This 
has  swelled,  on  this  occasion,  the  disadvantages  of  the 
general  principle  that  '  an  enemy's  goods  are  free  prize  in 
the  vessel  of  a  friend.'  But  it  is  one  of  those  deplorable 
and  unforeseen  calamities  to  which  they  expose  them- 
selves who  enter  into  a  state  of  war,  furnishing  to  us  an. 
awful  lesson  to  avoid  it.  by  justice  and  moderation,  and  not. 
a  cause  or  encouragement  to  expose  our  towns  to  the 
same  burnings  and  butcheries,  nor  of  complaint  because 
we  do  not. 

6th.  In  a  case  like  the  present,  where  the  missionary 
of  one  government  construes  differently  from  that  to  which 
he  is  sent,  the  treaties  and  laws  which  are  to  form  a  com- 
mon rule  of  action  for  hoth,  it  would  be  unjust  in  either 
to  claim  an  exclusive  right  of  construction.  Each  nation 
has  an  equal  right  to  expound  the  meaning  of  their  com- 
mon rules ;  and  reason  and  usage  have  established,  in 
such  cases,  a  convenient  and  well  understood  train  of 
proceeding.  It  is  the  right  and  duty  of  the  foreign  mis- 
sionary to  urge  his  own  constructions,  to  support  them 
tvith  reasons  which  may  convince,  and  in  terms  of  decency 


1 50  AMSRICAti 

and  respect  which  may  reconcile,  the  government  of  the 
country  to  a  concurrence.  It  is  the  duty  of  that  govern- 
ment to  listen  to  his  reasonings  with  attention  and  candour, 
and  to  yield  to  them  when  just.  But  if  it  shall  still  ap- 
pear to  them  that  reason  and  right  are  on  their  side,  it 
follows  of  necessity  that,  exercising  the  sovereign  powers 
of  the  country,  they  have  a  right  to  proceed  on  their  own 
constructions  and  conclusions  as  to  whatever  is  to  be 
done  within  their  limits.  The  minister  then  refers  the 
case  to  his  own  government,  asks  new  instructions,  and  in 
the  mean  time  acquiesces  in  the  authority  of  the  country. 
His  government  examines  his  constructions,  abandons 
them,  if  wrong,  insists  on  them,  if  right,  and  the  case  then 
becomes  a  matter  of  negotiation  between  the  two  nations. 
Mr.  Genet,  however,  assumes  a  new  and  a  bolder  line  of 
conduct.  After  deciding  for  himself  ultimately,  and  with- 
out respect  to  the  authority  of  the  country,  he  proceeds  to 
do,  what  even  his  sovereign  could  not  authorize ;  to  put 
himself,  within  the  country,  on  a  line  with  its  govern- 
ment, act  as  co-sovereign  of  the  territory,  arms  vessels, 
levies  men,  gives  commissions  of  war  independently  of 
them,  and  in  direct  opposition  to  their  orders  and  efforts. 
When  the  government  forbids  their  citizens  to  arm  and 
engage  in  the  war,  he  undertakes  to  arm  and  engage 
them.  When  they  forbid  vessels  to  be  fitted  in  their  ports 
tor  cruising  on  nations  with  whom  they  are  at  peace,  he 
commissions  them  to  fit  and  cruise.  When  they  forbid  an 
unceded  jurisdiction  to  be  exercised  within  their  territory 
by  foreign  agents,  he  undertakes  to  uphold  that  exercise, 
and  to  avow  it  openly.  The  privateers  Citizen  Genet 
and  Sans  Culottes,  having  been  fitted  out  at  Charleston 
(though  without  permission  of  the  government,  yet  be- 
fore it  was  forbidden)  the  President  only  required  they 
might,  leave  our  ports,  and  did  not  interfere  with  their 
prizes.  Instead,  however,  of  their  quitting  our  ports,  the 
Sans  Culottes  remains  still,  strengthening  and  equipping 
herself,  and  the  Citizen  Genet  went  out  only  to  cruise  on 
our  coast,  and  to  brave  the  authority  of  the  country  by  re- 
turning into  port  again  with  her  prizes.  Though  in  the 
letter  of  June  5th,  the  final  determination  of  the  President 
was  communicated,  that  no  future  armaments  in  our  ports 
should  be  permitted,  the  Vainqueur  de  la  Bastille,  was 
afterwards  equipped  and  commissioned  in  Charleston,  the 
Anti-George,  in  Savannah,  the  Carajnagnole,  in  Delaware. 


STATE  PAPERS.      .  151 

a  schooner,  and  a  sloop,  in  Boston,  and  the  Polly  or  Re- 
publican was  attempted  to  be  equipped  in  New  York,  and 
was  the  subject  of  reclamation  by  Mr.  Gene',  in  a  style 
which  certainly  did  not  look  like  relinquishing  .ne  practice. 
The  Little  Sarah  or  Little  Democrat  was  armed,  equipped 
and  manned,  in  the  port  of  Philadelphia,  under  the  very 
eye  of  the  government,  and  as  if  meant  to  insult  it.  Hav- 
ing fallen  down  the  river,  and  being  evidently  on  the  point 
of  departure  for  a  cruise,  Mr.  Genet  was  desired,  in  my 
letter  of  July  12th,  on  the  part  of  the  President,  to  detain 
her  till  some  inquiry  and  determination  on  the  case  should 
be  had.  Yet  within  three  or  four  days  after,  she  was  sent 
out  by  orders  from  Mr.  Genet  himself,  and  is  at  this  time 
cruising  on  our  coasts,  as  appears  by  the  protest  oi  the 
master  of  one  of  our  vessels  malctreated  by  her. 

The  government  thus  insulted  and  set  at  defiance  by 
Mr.  Genet,  committed  in  its  duties  and  engagements  to 
others,  determined  still  to  see  in  these  proceedings  but  the 
character  of  the  individual;  and  not  to  believe,  and  it 
does  not  believe,  that  they  are  by  instructions  from  his 
employers.  They  had  assured  the  British  minister  here, 
that  the  vessels  already  armed  in  their  ports  should  be 
obliged  to  leave  them,  and  that  no  more  should  be  armed 
in  them.  Yet  more  had  been  armed,  and  those  before 
armed,  had  either  not  gone  away,  or  gone  only  to  return 
with  new  prizes.  They  now  informed  him  that  the  order 
for  departure  should  be  enforced,  and  the  prizes  made  con- 
trary to  it  should  be  restored  or  compensated.  The  same 
thing  was  notified  to  Mr.  Genet,  in  my  letter  of  August 
7th  ;  and,  that  he  might  not  conclude  the  promise  of  com- 
pensation to  be  of  no  concern  to  him,  and  go  on  in  his 
courses,  he  was  reminded  that  it  would  be  a  fair  article  of 
account  against  his  nation. 

Mr.  Genet,  not  content  with  using  our  force,  whether 
we  will  or  not,  in  the  military  line,  against  nations  with 
whom  we  are  at  peace,  undertakes  also  to  direct  the  civil 
government ;  and  particularly  for  the  executive  and  legis- 
lative bodies,  to  pronounce  what  powers  may,  or  may  not 
be  exercised  by  the  one  or  the  other.  Thus  in  his  letter  of 
June  8th,  he  promises  to  respect  the  political  opinions  of 
the  President,  till  the  Representatives  shall  have  confirmed 
or  rejected  them,  as  if  the  President  had  undertaken  to 
decide  what  belonged  to  the  decision  of  Congress.  Inhi« 
letter  of  June  Mth.  he  says  more,  openlv  that  \h<:  Presi- 


152.  AMERICAN 

dent  ought  not  to  have  taken  on  himself  to  decide  on  the 
subject  of  the  letter,  but  that  it  was  of  importance  enough 
to  have  consulted  Congress  thereon  ;  and  in  that  of  June 
22d,  he  tells  the  President,  in  direct  terms,  that  Congress 
ought  already  to  have  been  occupied  on  certain  questions 
which  he  had  been  too  hasty  in  deciding  :  Thus  making 
himself,  and  not  the  President,  the  judge  of  the  powers 
ascribed  by  the  constitution  to  the  Executive,  and  dictating 
to  him  the  occasion  when  he  should  exercise  the  power  of 
convening  Congress,  at  an  earlier  day  than  their  own  act 
had  prescribed. 

On  the  following  expressions  no  commentary  shall  be. 
made. 

July  9.  '  Les  principes  philosophiques  proclamees  par 
le  President.'* 

June  22.  '  Les  opinions  privecs  ou  publiques  de  M.  le 
President,  et  cette  egide  ne  paroissant  pas  suffisante.'t 

June  22.  '  Le  gouvernement  federal  s'est  empresse^ 
pousse  par  je  ne  serais  quelle  influence. 'J 

June  22.  '  Je  ne  puis  attribuer  des  demarches  de  cette 
nature  qu'a  des  impressions  etrangeres  dont  le  tems  et  le 
verite  triompheront.'§ 

June  25.  '  On  poursuit  avec  acharncment,  en  vertu  des 
instructions  de  M.  le  President,  les  armateurs  Fran$ais.'U 

June  14.  '  Ce  refus  tend  a  accomplir  le  systeme  infernal 
du  roi  d'Anglcterre,  et  des  autres  rois  ses  accomplices, 
pour  faire  perir  par  la  famine  les  republicans  Fran§ais 
avec  la  liberte.'** 

June  8.  '  La  lache  abandon  de  ses  amis.'tt 

July  25.  En  vain  le  desir  de  conserver  la  paix  fait-il 
sacrifier  les  interets  de  la  France  a  cet  interet  du  mo- 
ment; en  vain  le  soif  des  richesses  Pemportet-elle  sur 
1'honneur  dans  la  balance  politique  de  l'Amerique,  tous 

TRANSLATIONS    OF    THE    FRENCH    PASSAGES. 

*  4  The  philosophical  principles  proclaimed  by  the  President.' 

t  '  The  opinions  private  or  publick  of  the  President,  and  this  Egis  not 
appearing  to  you  sufficient.' 

%  '  The  federal  government  has  been  eager,  urged  by  I  know  not  what 
influence.' 

$  lI  cannot  ascribe  measures  of  this  nature,  but  to  extraneous  impres- 
sions, over  w  hieh  time  and  truth  will  triumph.' 

1f  '  They  pursue  with  rage  the  French  privateers  by  Nthe  orders  of  the 
President.' 

**  '  This  refusal  tends  to  accomplish  the  infernal  system  of  the  king  of 
.England  and  of  the  other  kings,  his  accomplices,  to  destroy  by  famine 
French  freemen  and  freedom.' 

+t  ;  The  cttwaaxUv  abandonment  of  their  friend1.' 


S31  ATE  PAPERS.  153 

£es  menagemens,  toute  cette  condcscendance,  toute  cette 
humilile  n'aboutissent  a  rien  ;  nos  ennemis  en  rient,  et  les 
Francis  trop  confiants  sont  punis  pour  avoir  cru  quo  la 
nation  Americaine,  avoit  un  pavilion,  qu'elle  avoit  quelque 
egard  pour  scs  loix,  quelque  conviction  de  ses  forces,  et 
qu'elle  tenoit  au  sentiment  de  sa  dignitc.  II  ne  m'est  pas 
possible  de  peindre  toute  ma  sensibilite  sur  ce  scandale 
qui  tend  a  la  diminution  de  votre  commerce,  a  l'opprcssion 
du  notre,  et  a  l'abaissement,  a  l'avilissement  des  repub- 
liques. — Si  nos  concitoyens  ont  ete  tromp^s,  si  vous  n'etes 
point  en  etat  de  soutenir  la  souverainete  de  votre  peuple, 
parlez ;  noes  l'avons  garantie  quand  nous  etions  esclaves, 
nous  saurons  la  rendre  redoutable  etant  devenus  libres.'i 

We  draw  a  veil  over  the  sensations  which  these  expres- 
sions excite.  No  words  can  render  them  ;  but  they  will 
not  escape  the  sensibility  of  a  friendly  and  magnanimous 
nation,  who  will  do  us  justice.  We  see  in  them  neither  the 
portrait  of  ourselves,  nor  the  pencil  of  our  friends  ;  but  an 
attempt  to  embroil  both  ;  to  add  still  another  nation  to  the 
enemies  of  his  country,  and  to  draw  on  both  a  reproach, 
which  it  is  hoped  will  never  stain  the  history  of  either. 
The  written  proofs,  of  which  Mr.  Genet  was  himself  the 
bearer,  were  too  unequivocal  to  leave  a  doubt  that  the 
French  nation  are  constant  in  their  friendship  to  us.  The 
resolves  of  their  national  convention,  the  letters  of  their 
executive  council,  attest  this  truth  in  terms  which  render 
it  necessary  to  seek,  in  some  other  hypothesis,  the  solution 
of  Mr.  Genet's  machinations  against  our  peace  ind  friend- 
ship. 

Conscious,  on  our  part,  of  the  same  friendly  and  sincere 
dispositions,  we  can  with  truth  aiiirm,  both  for  our  nation 

X  '  In  vain  the  desire  to  preserve  pence  leads  you  to  sacrifice  the  inter- 
ests of  France  to  this  interest  of  Die  moment ;  in  vaiu  the  thirst  of  riche.* 
|>reponderates  against  honour  in  the  political  hajancc  of  America  ;  all  (hi ; 
management,  all  these  condescensions,  all  this  humiliation,  end  in  nothing. 
Our  enemies  laugh  at  it,  and  the  French,  too  confident,  are  punished  for 
having  beKeved  that  the  American  nation  had  a  flag ;  that  it  had  some 
respect  for  its  laws ;  some  conviction  of  its  force ;  and  that  it  had  some 
j.'  ntiment  of  its  dignity.  It  is  not  possible  for  me  to  paint  to  you  all  my 
sensibility  at  this  scandal,  which  tends  to  the  diminution  of  your  commerce. 
to  the  oppression  of  ours,  and  to  the  debasement  and  vilification  of  r<; 
publicks. 

1  If  our  fellow-citizens  have  been  deceived,  if  you  are  not  in  a  condition 
<o  maintain  the  sovereignty  of  your  people,  speak  :  we  have  guarantied  if 
>vhen  we  were  slaves,  >\c  know  how  to  render  it  respectable  being  borons- 
free.' 

VOF..   J.-  ?ft 


154  Ak.ERICASf 

and  government,  that  we  have  never  omitted  a  reasonable 
Occasion  of  manifesting  them.  For  I  will  not  consider  as 
of  that  character  opportunities  of  sallying  forth  from  our 
ports  to  waylay,  rob,  and  murder  defenceless  merchants 
and  others,  who  have  done  us  no  injury,  and  who  were 
coming  to  trade  with  us  in  the  confidence  of  our  peace 
and  amity.  The  violation  of  all  the  laws  of  order  and 
morality  which  bind  mankind  together,  would  be  an  unac- 
ceptable offering  to  a  just  nation.  Recurring  then  only 
to  recent  things,  after  so  afflicting  a  libel,  we  recollect 
with  satisfaction  that  in  the  course  of  two  years,  by  un- 
ceasing exertions,  we  paid  up  seven  years  arrearages  and 
instalments  of  our  debt  to  France,  which  the  inefficacy  of 
our  first  form  of  government  had  suffered  to  be  accumu- 
lating ;  that  pressing  on  still  to  the  entire  fulfilment  of  our 
engagements,  we  have  facilitated  to  Mr.  Genet  the  effect 
of  the  instalments  of  the  present  year,  to  enable  him  to 
send  relief  to  his  fellow  citizens  in  France,  threatened 
with  famine  ;  that  in  the  first  moment  of  the  insurrection 
which  threatened  the  colony  of  St.  Domingo,  we  stepped 
forward  to  their  relief  with  arms  and  money,  taking  freely 
on  ourselves  the  risk  of  an  unauthorized  aid,  when  delay 
would  have  been  denial ;  that  we  have  received,  according 
to  our  best  abilities,  the  wretched  fugitives  from  the  catas- 
trophe of  the  principal  town  of  that  colony,  who,  escaping 
from  the  swords  and  flames  of  civil  war,  threw  themselves 
onus  naked  and  houseless,  without  food  or  friends,  money 
or  otker  means,  their  faculties  lost  and  absorbed  in  the 
depth  of  their  distresses  ;  that  the  exclusive  admission  to 
sell  here  the  prizes  made  by  France  on  her  enemies,  in 
the  present  war,  though  unstipulated  in  our  treaties,  and 
unfounded  in  her  own  practice,  or  in  that  of  other  nations, 
as  we  believe  ;  the  spirit  manifested  by  the  late  grand 
jury  in  their  proceedings  against  those  who  had  aided  the 
enemies  of  France  with  arms  and  implements  of  war ;  the 
expression  of  attachment  to  his  nation,  with  which  Mr. 
Genet  was  welcomed,  on  his  arrival  and  journey  from 
south  to  north,  and  our  long  forbearance  under  his  gross 
usurpations  and  outrages  of  the  laws  and  authority  of  our 
country,  do  not  bespeak  the  partialities  intimated  in  his 
letters.  And  for  these  things  he  rewards  us  by  endeavours 
to  excite  discord  and  distrust  between  our  citizens  and 
(hose  whom  they  have  intrusted  with  their  government ; 
between  the  different  branches  of  our  government ;  bc^ 


.staTe  papers.  155 

tween  our  nation  and  his.  But  none  of  these  things,  w€ 
hope,  will  be  found  in  his  power.  That  friendship,  which 
dictates  to  us  to  bear  with  his  conduct  yet  awhile,  lest  the 
interest  of  his  nation  here  should  suffer  injury,  will  hasten 
them  to  replace  an  agent,  whose  dispositions  are  such  a 
misrepresentation  of  theirs,  and  whose  continuance  here 
is  inconsistent  with  order,  peace,  respect,  and  that  friendly 
correspondence  which  we  hope  will  ever  subsist  between 
the  two  nations.  His  government  will  see  too  that  the 
case  is  pressing.  That  it  is  impossible  for  two  sovereign 
and  independent  authorities  to  be  going  on  within  our  ter- 
ritory, at  the  same  time,  without  collision.  They  wilj 
foresee  that  if  Mr.  Genet  perseveres  in  his  proceedings, 
the  consequences  would  be  so  hazardous  to  us,  the  exam- 
ple so  humiliating  and  pernicious,  that  we  may  be  forced 
even  to  suspend  his  functions  before  a  successor  can  ar- 
rive to  continue  them.  If  our  citizens  have  not  already 
been  shedding  each  others  blood,  it  is  not  owing  to  the 
moderation  of  Mr.  Genet,  but  to  the  forbearance  of  the 
government.  It  is  well  known  that  if  the  authority  of  the 
laws  had  been  resorted  to,  to  stop  the  Little  Democrat, 
its  officers  and  agents  were  to  have  been  resisted  by  the 
crew  of  the  vessel,  consisting  partly  of  American  citizens. 
Such  events  are  too  serious,  too  possible,  to  be  left  to  ha- 
zard, or  to  what  is  worse  than  hazard,  the  will  of  an  agent 
whose  designs  are  so  mysterious.  Lay  the  case  then  im- 
mediately before  his  government ;  accompany  it  with  as- 
surances, which  cannot  be  stronger  than  true,  that  our 
friendship  for  the  nation  is  constant  and  unabating;  that, 
faithful  to  our  treaties,  we  have  fulfilled  them  in  every 
point  to  the  best  of  our  understanding ;  that  if  in  any 
thing,  however,  we  have  construed  them  amiss,  we  are 
ready  to  enter  into  candid  explanations,  and  to  do  what- 
ever we  can  be  convinced  is  right ;  that  in  opposing  the 
extravagances  of  an  agent,  whose  character  they  seem  not 
MtHiciently  to  have  known,  we  have  been  urged  by  motives 
of  duty  to  ourselves,  and  justice  to  others,  which  cannot 
but  be  approved  by  those  who  are  just  themselves  ;  and, 
finally,  that,  after  independence  and  self-government, 
there  is  nothing  we  more  sincerely  wish  than  perpetual 
friendship  witli  them.     I  have  the  honour  to  be,  &c. 

Til:  JEFFERSON. 
Note.    A  copy  of  the  preceding  letter  was  sent  endowed 
by  the  secretary  of  state  to  Mr.  Genet, 


lo6  AMERICAN 

Mr.  Jefferson,  Secretary  of  Stale,  to  Mr.  Morris,  Minister 
Plenipotentiary  from  the  United  States  to  France.  Phila- 
delphia, Aug.  23,  1793. 

Dear  Sir, — The  letter  of  the  16th  instant,  with  it* 
documents  accompanying  this,  will  sufficiently  inform  you 
of  the  transactions,  which  have  taken  place  between  Mr. 
Genet,  the  minister  of  France,  and  the  government  here, 
and  of  the  painful  necessity  they  have  brought  on,  of  de- 
siring his  recall.  The  letter  has  been  prepared,  in  the 
view  of  being  itself,  with  its  documents,  laid  before  the 
executive  of  the  French  government.  You  will,  therefore. 
*be  pleased  to  lay  it  before  them,  doing  every  thing  which 
can  be  done  on  your  part,  to  procure  it  a  friendly  and 
dispassionate  reception  and  consideration.  The  Presi- 
dent would  indeed  think  it  greatly  unfortunate,  were  they 
to  take  it  in  any  other  light ;  and,  therefore,  charges  you, 
very  particularly,  with  the  care  of  presenting  this  pro- 
ceeding in  the  most  soothing  view,  and  as  the  result  of  an 
unavoidable  necessity  on  his  pari. 

Mr.  Genet,  soon  after  his  arrival,  communicated  the  de- 
cree of  the  National  Convention  of  February  15,  1793, 
authorizing  their  executive  to  propose  a  treaty  with  us,  on 
liberal  principles,  such  as  might  strengthen  the  bonds  of 
good  will,  which  unite  the  two  nations;  and  informed  us 
in  a  letter  of  May  23,  that  he  was  authorized  to  treat  ac- 
cordingly. The  .Senate  being  then  in  recess,  and  not  to 
meet  ag;tin  till  the  fall,  I  apprized  Mr.  Genet  that  the 
participation  in  matters  of  treaty,  given  by  the  constitution 
to  that  branch  of  our  government,  would,  of  course,  delay 
any  definitive  answer  to  his  friendly  proposition.  As  he 
was  sensible  of  this  circumstance,  the  matter  has  been  un- 
derstood to  lie  over,  till  the  meeting  of  Senate.  You  will 
be  pleased,  therefore,  to  explain  to  the  executive  of  France 
this  delay,  which  has  prevented,  as  yet,  our  formal  acces- 
sion to  their  proposition  to  treat :  to  assure  them,  that  the 
President  will  meet  them,  with  the  most  friendly  disposi- 
tions, on  the  grounds  of  treaty  proposed  by  the  National 
Convention,  as  soon  as  he  can  do  it  in  the  forms  of  the 
constitution  ;  and  you  will,  of  course,  suggest  for  this  pur- 
pose, that  the  powers  of  Mr.  Genet  be  renewed  to  his 
successor. 

Since  my  last,  which  was  of  the  13th  of  June,  ydur  Nos. 
25,  26,  27  of  March  26th,  April  4th  and  5th  have  been 


STATE  PAPERS.  157 

received.  The  publick  papers  sent  herewith,  will  give 
you  the  current  news  of  the  country.  I  have  the  honour 
to  be,  &c.  TH:   JEFFERSON. 

Citizen  Genet,  Minister  Plenipotentiary  of  the  French  Repub- 
lish zcith  the  United  States,  to  Mr.  Jefferson,  Secretary  of 
State  of  the  United  States.  New  York,  Sept.  1 8,  1 793,  2d 
year  of  the  French  Republick,  one  and  indivisible. 

Sir, — Persuaded  that  the  sovereignty  of  the  United 
States  resides  essentially  in  the  people,  and  its  represen- 
tation in  the  Congress ;  persuaded  that  the  executive  pow- 
er is  the  only  one  which  has  been  confided  to  the|Prcsi- 
dent  of  the  United  States ; — persuaded  that  this  magistrate 
has  not  the  right  to  decide  questions,  the  discussion  of 
which,  the  constitution  reserves  particularly  to  the  Con- 
gress ; — persuaded  that  he  has  not  the  power  to  bend 
existing  treaties  to  circumstances,  and  to  change  their 
sense ; — persuaded  that  the  league  formed  by  all  the  ty- 
rants to  annihilate  republican  principles,  founded  on  the 
lights  of  man,  will  be  the  object  of  the  most  serious  delibe- 
rations of  Congress,  I  had  deferred,  in  the  sole  view  of 
maintaining  good  harmony  between  the  free  people  of 
America  and  France,  communicating  to  my  government, 
before  the  epoch  at  which  the  representatives  of  the  peo- 
ple were  to  assemble,  the  original  coixespondence  which 
has  taken  place,  in  writing,  between  you  and  myself,  on 
the  political  rights  of  France  in  particular ; — on  the  in- 
terests of  general  liberty  ;  and  on  the  acts,  proclamations, 
and  decisions  of  the  President  of  the  United  States,  rela- 
tive to  objects  which  require,  from  their  nature,  the  sanc- 
tion of  the  legislative  body :  however,  informed  that  the 
gentlemen  who  have  been  painted  to  me  so  often,  as  aris- 
tocrats, partisans  of  monarchy,  partisans  of  England,  of 
her  constitution,  and  consequently  enemies  of  the  princi- 
ples which  all  good  Frenchmen  have  embraced,  with  a  re- 
ligious enthusiasm,  alarmed  at  the  popularity  which  was 
reflected  on  the  minister  of  France,  by  the  affection  of  the 
American  people  for  the  French  Republick,  and  for  the 
glorious  cause  which  it  defends,  equally  alarmed  at  my 
unshaken  and  incorruptible  attachment  to  the  severe  max- 
ims of  democracy,  were  labouring  to  ruin  me  in  my  coun- 
try, after  having  re-united  all  the  efforts  to  calumniate  me 
in  the  view  of  their  fellow  citizens,  I  was  going  to  begin 


1S8  AMERICAN 

fo  collect  these  afflicting  materials,  and  I  was  taking  mea- 
sures to  transmit  them  to  France  with  my  reports,  when  the 
denunciation  which  these  same  men  have  excited  the  Pre- 
sident to  exhibit  against  me,  through  Mr.  Morris,  came  to 
my  hands.  Strong  in  the  principles  which  have  directed 
my  conduct,  sheltered  from  every  well  founded  reproach, 
I  expected,  nevertheless,  to  have  found  in  it  some  serious 
allegations  ;  but  what  has  been  my  astonishment  on  find- 
ing, that  the  American  people  were  more  outraged  in  it 
than  myself,  that  it  was  supposed  that  I  exercised  over 
them  a  sovereign  influence,  that  it  was  pretended  that  I 
was  making  them  take  a  part  in  the  war  of  liberty,  for  the 
defence  of  their  brethren,  of  their  allies,  against  the  inten- 
tion of  their  government ;  that  judgments  favourable  to 
our  interests,  rendered  in  the  midst  of  the  acclamations 
of  the  citizens  of  Philadelphia,  by  juries  and  by  indepen- 
dent tribunals,  have  not  been  the  expression  of  a  severe 
justice  ;  in  short,  that  I  was  a  power  within  another  pow- 
er. Such  strange  accusations,  proving  only  that  the  Ame- 
rican people  loves  and  supports  our  principles  and  our 
cause,  in  spite  of  its  numerous  enemies,  and  that  the  pow- 
er which  they  do  me  the  honour  to  attribute  to  me,  is  only 
that  of  gratitude  struggling  against  ingratitude,  of  truth 
combating  errour,  I  will  send  no  other  justification  of  my 
conduct.  1  will  join  only  in  support  of  the  opinions  which 
I  meant  to  profess,  some  writings  which  have  been  pub- 
lished here,  such  as  those  of  Veritas  and  of  Hehidius,  &c. 
As  to  the  personal  outrages,  as  to  the  doubts  which  you 
insinuate  on  my  devotion  to  the  union  of  the  people,  1 
have  reason  to  believe  they  will  not  make  a  great  impres- 
sion, when  the  answers  shall  be  recurred  to,  which  I  made 
to  the  numerous  addresses  which  your  fellow  citizens 
deigned  to  present  me :  when  it  shall  be  recollected  that 
placed  at  the  age  of  twelve  years  in  the  bureau  of  foreign 
affairs,  it  was  I  who  had  the  advantage  of  contributing  to 
penetrate  the  French  with  the  spirit  of  1776  and  1777,  by 
translating  into  our  tongue,  under  the  direction  of  my  fa- 
ther, then  head  of  the  bureau,  the  greater  part  of  your 
laws  and  of  the  writings  of  your  politicians ;  that  since 
that  epoch,  always  faithful  to  the  cause  of  liberty,  I  have 
rendered  1o  the  Americans,  in  the  different  employments 
J  have  had,  all  the  services  which  depended  on  me  ;  and 
that,  in  fine,  charged  to  represent  the  French  people, 
with  the  first   people  who  have  proclaimed  the  rights  o$ 


&TATE  PAPERS'.  155 

man.  knowing  how  far  our  ancient  government  had  put 
liberticide  shackles  on  the  commerce  and  on  the  intimacy 
of  our  two  nations,  I  have  neglected  nothing  to  obtain,  on 
the  one  hand,  the  liberal  basis  on  which  the  new  bands 
which  the  French  people  desire  to  contract  with  the  Unit- 
ed States  were  to  be  negotiated,  in  order  that  on  the  other, 
the  federal  government  might  be  sensible  how  urgent  it 
was  to  occupy  themselves  promptly  on  the  conclusion  of 
this  true  family  compact,  which  was  for  ever  to  unite  the 
political  and  commercial  interests  of  two  people  equally 
objects  of  the  hatred  of  all  tyrants  ;  besides,  sir,  whatever 
may  be  the  result  of  the  achievement  of  which  you  have 
rendered  yourself  the  generous  instrument,  after  having, 
made  me  believe  that  you  were  my  friend,  after  having 
initiated  me  into  mysteries  which  have  inflamed  my  hatred 
against  all  those  who  aspire  to  an  absolute  power,  there  is 
an  act  of  justice,  which  the  American  people,  which  the 
French  people,  which  all  free  people  are  interested  to  re- 
claim ;  that  is,  that  there  be  made  a  particular  inquiry,  iu 
the  next  Congress,  of  the  motives  on  which  the  head  of  the 
executive  power  of  the  United  States  has  taken  on  him- 
self to  demand  the  recall  of  a  publick  minister,  whom  tho 
sovereign  people  of  the  United  States  had  received  fra- 
ternally and  recognised,  before  the  diplomatic  forms  had 
been  fulfilled  with  respect  to  him,  at  Philadelphia. 

It  is  in  the  name  of  the  French  people,  that  I  am  sent 
tp  their  brethren — to  free  and  sovereign  men  :  it  is  thctt 
for  the  representatives  of  the  American  people,  and  not 
for  a  single  man,  to  exhibit  against  me  an  act  of  accusa- 
tion, if  I  have  merited  it.  A  despot  may  singly  permit 
himself  to  demand  from  another  despot  the  recall  of  his 
representative,  and  to  order  his  expulsion  in  case  of  refur 
gal.  This  is  what  the  empress  of  Russia  did  with  respect 
to  myself,  from  Louis  xvi.  But  in  a  free  state  it  cannot 
he  so,  unless  order  be  entirely  subverted  ;  unless  the  peo- 
ple in  a  moment  of  blindness,  chooses  to  rivet  their  fetters^ 
in  making  to  a  single  individual  the  abandonment  of  their 
most  precious  rights.  I  pray  you,  then,  sir,  to  place  under 
the  eyes  of  the  President  of  the  United  States,  the  demand 
which  I  make  in  the^  name  of  equity,  to  lay  before  Con- 
gress for  their  discussion  at  the  epoch  when  they  shall  be 
assembled  by  the  law,  if  the  great  events  which  occupy 
the  universe  <)o  not  appear  yet  sufficient  to  hasten  their 
convocation, — Lsfs  ATI  fhe  questions  relative  to  the  poltO* 


160  AMERICAN 

cal  rights  of  France  and  the  United  States. — 2d.  The  dif- 
ferent cases  resulting  from  our  state  of  war  with  the  pow- 
ers of  whose  acts  of  aggression  I  have  informed  you. — 
3d.  The  heads  ol  accusation  "which  the  minister  of  the 
United  States  with  the  French  Republick  is  charged 
to  exhibit  against  me,  and  against  the  consuls  whose 
character  is  compromitted  and  outraged,  in  the  most 
scandalous  manner,  for  having  obeyed  superior  orders, 
which  it  was  neither  in  their  power  nor  in  mine  to 
revoke.  In  this  expectation,  sir,  I  do  not  consider  the 
dignity  of  the  French  nation  as  compromitted  by  the  ex- 
traordinary position  in  which  I  find  myself,  as  well  as  the 
consuls,  and  I  have  to  complain  only  of  the  forms  you  have 
employed. 

The  executive  council  of  the  French  Republick  had 
also  complaints  of  a  very  different  nature  from  those  al- 
leged against  me,  to  exhibit  against  Mr.  Morris,  your  am- 
bassador at  Paris  ;  but  penetrated  with  a  just  sentiment  of 
respect  for  the  sovereignty  of  the  American  people,  it  re- 
commended to  me  only  to  make  confidential  observations 
to  you  on  the  necessity  of  recalling  this  minister  plenipo- 
tentiary accused  by  the  publick  voice  of  facts  established, 
but  not  by  the  representatives  of  the  people,  after  a  regu- 
lar inquiry,  of  having  favoured  as  much  as  he  could,  the 
counter  revolutionary  projects  of  Louis  xvi.,  of  communi- 
cating to  him  memoirs,  in  which  he  advised  him  not  to 
accept  the  constitution  ;  of  having  had  no  connections  but 
with  suspected  persons  ;  of  having  affected  the  greatest 
contempt  for  all  those  who  served  faithfully  the  cause  of 
the  people  ;  of  having  been  die  channel  of  the  counsels 
which  conducted  La  Fayette  into  the  prisons  of  Prussia  ; 
of  having  abused  the  respect  of  the  French  people  for  the 
envoy  of  the  American  people,  to  facilitate  more  surely 
the  correspondence  and  the  conspiracies  of  all  its  enemies ; 
of  having  shown  nothing  but  ill  humour  in  his  relations 
with  the  ministers  of  the  French  Republick  ;  of  having 
affected,  in  writing  to  them,  to  employ,  in  speaking  of  the 
Executive  of  the  United  States,  only  the  words  '".in  the 
name  of  my  court,"  so  shocking  to  republican  ears  ;  of 
having  demanded  a  pas.- port  the  10th  August,  1792,  to  go 
into  England  with  the  ambassador  of  George  in. ;  and  of 
having  said  publickly,  with  a  confidence  which  the  present 
event  justifies,  that  if  the  embassy  of  the  Republick  should 
be  received  at  Philadelphia,  its  existence  and  that  of  the 


STATB  PAPERS.  16! 

republican  consuls  in  America  would  not  be  of  long  dura- 
tion there. 

I  have  already  mentioned  to  you,  sir,  some  of  these  im- 
putations ;  but,  as  I  have  already  told  you,  out  of  respect 
for  the  sovereignty  of  the  United  States,  I  thought  I  should 
leave  to  their  wisdom  the  care  of  taking  measures,  the 
most  suitable  to  reconcile  their  dignity  with  what  their 
prudence  might  require. 

JNot  doubting,  sir,  that  the  justice  which  I  require  will 
be  done  me,  as  well  as  my  co-operators,  I  ought  to  inform 
you,  that  I  am  about  to  have  printed  all  my  correspon- 
dence with  you,  all  my  instructions,  and  all  those  of  the 
consuls,  in  order  that  the  American  people,  whose  esteem 
is  dearer  to  me  than  life,  may  judge  if  I  have  been  worthy 
or  not  of  the  fraternal  reception  which  it  deigned  to  give 
me;  if  in  all  my  official  papers  I  have  not  expressed  my 
respect  for  that  virtuous  nation  and  my  confidence  in  the 
purity  of  their  sentiments  ;  if  I  have  insisted  on  a  single 
principle,  which  has  not  been  supported  since,  by  deci- 
sions of  thwjuries  or  tribunals  of  the  country;  if  in  acting 
and  in  expressing  myself  with  the  frankness  and  the  ener- 
gy of  a  republican,  I  have  attacked  the  constitution ;  if  I 
have  refused  respect  to  a  single  law  :  in  fine,  if,  in  reclaim- 
ing with  all  the  firmness  which  was  prescribed  to  me,  the 
faithful  execution  of  our  treaties,  I  have  not  endeavoured 
to  encourage  the  federal  government  to  employ  the  only 
means,  worthy  of  a  great  people,  to  preserve  peace  and 
to  enjoy  the  advantages  of  neutrality — an  useful  object, 
not  to  be  obtained  by  timid  and  uncertain  measures,  by 
premature  proclamations,  which  seem  extorted  by  fear,  by 
a  partial  impartiality,  which  sours  your  friends  without 
satisfying  your  enemies,  but  by  an  attitude  firm  and  pro- 
nounced, which  apprizes  all  the  powers  that  the  very  legi- 
timate desire  of  enjoying  the  sweets  of  peace  has  not 
made  you  forget  what  is  due  to  justice,  to  gratitude,  and 
that  without  ceasing  to  be  neutral,  yon  may  fulfil  publick 
engagements,  contracted  with  your  friends  in  a  moment 
when  you  were  yourselves  in  danger. 

I  will  answer  more  in  detail,  sir,  at  a  proper  time,  to 
your  violent  diatribe  ;  but  it  contains  one  fact  on  which  I 
must  now  give  you  explanations.  You  are  made  to  re- 
proach me  with  having  indiscreetly  given  to  my  official 
proceeding?  a  tone  of  colour,  which  has  induced  a  belief, 
that  they  did  nut  know,  in  France,  either  mv  character  or, 
vol..   h  21 


1U2  AMERICAN" 

my  manners.  I  will  tell  you  the  reason,  sir :  it  is  that  a  pure 
and  warm  blood  runs  with  rapidity  in  my  veins ;  that  I 
love  passionately  my  country ;  that  I  adore  the  cause  of 
liberty  ;  that  I  am  always  ready  to  sacrifice  my  life  to  it ; 
that  to  me,  it  appears  inconceivable,  that  all  the  enemies 
of  tyranny,  that  all  virtuous  men,  do  not  march  with  us  to 
the  combat ;  and  that  when  I  find  an  injustice   is  done  t(J 
my  fellow  citizens,  that  their  interests  are  not  espoused 
with  the  zeal  which  they  merit,  no  considerations  in   the 
world  would  hinder  either  my  pen  or  my  tongue  from 
tracing,  |from  expressing   my  pain.     I  will  tell  you  then 
without  ceremony,  that  I  have  been  extremely  wounded, 
sir,  1st,  that  the  President  of  the  United  States  was  in  a 
hurry,  before  knowing  what  I  had  to  transmit  to  him,  on 
the  part  of  the  French  Republick,  to  proclaim  sentiments, 
on   which  decency  and  friendship  should  at  least  have 
drawn  a  veil.     2d.  That  he  did  not  speak  to  me  at  my 
first  audience  but  of  the  friendship  of  the  United  States 
towards  France,  without  saying  a  word  to  me,  without  an- 
nouncing a  single  sentiment  on  our  revolution^  while  all 
the  towns  from  Charleston  to  Philadelphia,  had  made  the- 
air  resound  with  their  most  ardent  wishes  for  the  French 
Republick.     3d.  That  he  had  received  and  admitted  to 
a  private  audience,  before  my  arrival,  Noailles  and  Talon, 
known   agents   of  the  French  counter-revolutionists,  who 
have  since    had  intimate  relations  with  two  members  of 
the  federal  government.     4th.  That  this  first  magistrate 
of  a  free  people  decorated  his  parlour  with  certain  me- 
dallions of  Capet  and  his  family,  which  served  at  Paris  as 
signals  of  rallying.     5th.  That  the  first  complaints  which 
were  made  to  my  predecessor    on    the    armaments    and 
prizes  which  took  place  at  Charleston  on  my  arrival,  were 
in  fact,  but  a  paraphrase  of  the  notes  of  the  English  minis- 
ter.    6th.  That  the  Secretary  of  War,  to  whom  I  com- 
municated the  wish  of  our  governments  of  the  Windward 
Islands,  to  receive  promptly  some  fire-arms  and  some  can- 
non, which  might  put  into  a  state  of  defence  possession? 
guarantied  by  the  United  States,  had  the  front  to  answer 
me  with  an  ironical  carelcsness.  that  the  principles  estab- 
lished by  the  President,  did  not  permit  him  to  lend  us  so 
much  as  a  pistol.     7th.  That  the  Secretary  of  the  Trea- 
sury, with  whom  I   had  a  conversation  on  the  proposition 
which  I  had  made  to  convert  almost  the  whole  American 
debt,  by  means  of  an  operation  of  finance  authorized  by 


STATE  PAPERS.  163 

law,  into   flour,  rice,  grain,  salted  provisions,  and  other 
objects  of  which  France  had  the  most  pressing  need,  added 
to  the  refusal  which  he   had  already-  made  officially  of 
favouring  this  arrangement,  the  positive  declaration,  that 
even  if  it  were  practicable,  the  United  States  could  not 
consent  to  it,  because  England  would  not  fail  to  consider 
this  extraordinary  reimbursement  furnished   to  a  nation 
with  which  she  is  at  war,  as  an  act  of  hostility.    8th.  That 
by  instructions  from  the  President  of  the  United  States, 
the  American  citizens  who  ranged  themselves  under  the 
banners  of  France,  have  been  prosecuted  and  arrested ; 
a  crime  against  liberty  unheard  of,  of  which  a  virtuous 
and  popular  jury  avenged  with  eclat  the  defenders  of  the 
best  of  causes.     9th.  That   incompetent  tribunals  were 
suffered  to   take   cognizance    of  facts  relative  to  prizes 
which  treaties  interdict  them  expressly  from  doing ;  that 
on  the  acknowledgment  of  their  incompetence,  this  pro- 
perty, acquired  by  the  right  of  war,  was  taken  from  us, 
that  it  was  thought  ill  of,  that  our  consuls  protested  against 
these  arbitrary  acts,  and  that  as  a  reward  for  his  devotion 
to  his  duty,  the  one  at  Boston  was  imprisoned  as  a  male- 
factor.    10th.  That  the  President   of  the  United  States 
took  on  himself  to  give  to  our  treaties  arbitrary  interpre- 
tations, absolutely  contrary  to  their  true  sense,  and  that  by 
a  series  of  decisions  which  they  would  have  us  receive  as 
laws,  he  left  no  other  indemnification  to  France    for  the 
blood  she  spilt,  for  the  treasure  she  dissipated  in  fighting 
for  the  independence  of  the  United  States,  but  the  illu- 
sory advantage    of  bringing  into  their  ports    the    prizes 
made  on  their  enemies,  without  being  able  to  sell  them. 
11th.  That  no  answer  is  yet  given  to  the  notification  of 
ihc  decree  of  the  National  Convention  for  opening  our 
ports  in  the    two  worlds  to    the  American  citizens,  and 
granting  the    same    favours    to   them,  as  to  the  French 
citizens;  advantages  which  will  cease  if  there  be  a  con- 
tinuance to  treat  us  with  the  same  injustice.     12th.  That 
lie  has  deferred  in  spite  of  my  respectful    insinuations, 
to  convoke  Congress  immediately,  in  order  to  take  the 
I  rue  sentiments   of  the  people,   to   fix  the  political  sys- 
tem of  the    United  Stales,  and  to  decide    whether   they 
will  break,  suspend,  or  tighten  their  bands  with  France; 
an    honest    measure    which   would  have  avoided  to  the 
federal  government  much  contradiction  and  subterfuge,  to 
me  much  pain   and    disgust,    to  the  local    government5. 


J64  AMERICAN 

embarrassments,  so  much  the  greater,  as  they  found 
themselves  placed  between  treaties,  which  are  laws,  and 
decisions  of  the  federal  government,  which  are  not:  in 
fine,  to  the  tribunals,  duties  so  much  the  more  painful  to 
fulfil,  as  they  have  been  often  under  the  necessity  of 
giving  judgments  contrary  to  the  intentions  of  the  go- 
vernment. 

It  results  from  all  these  facts,  sir,  that  I  could  not  but  be 
profoundly  affected  with  the  conduct  of  the  federal  go- 
vernment towards  my  country,  a  conduct  so  contrary  to 
what  the  will  of  their  sovereign,  to  what  the  proceedings 
of  mine  gave  me  reason  to  expect :  and  that  if  I  have 
shown  firmness,  it  is  because  it  was  indispensable  that 
my  resistance  should  be  equal  to  the  oppression,  to  the 
injustice,  which  were  in  opposition  to  the  interests  con- 
fided to  me  ;  it  is,  that  it  was  not  in  my  character  to  speak 
as  many  people  do,  in  one  way,  and  act  in  another ;  to 
have  an  official  language,  and  a  language  confidential.  I 
have  done  strictly  my  duty ;  I  have  defended  my  ground, 
and  I  will  suffer  no  precedent  against  any  of  the  rights  of 
the  French  people  while  there  remains  to  me  a  breath  of 
life  ;  while  our  two  republicks  shall  not  have  changed  the 
basis  of  their  political  and  commercial  relations,  while  they 
shall  not  have  persuaded  the  American  people  that  it  is 
more  advantageous  for  them  to  become  insensibly  the 
slaves  of  England,  the  passive  tributaries  of  their  com- 
merce, the  sport  of  their  politicks,  than  to  remain  the  allies 
of  the  only  power  who  may  be  interested  to  defend  their 
sovereignty  and  their  independence  ;  to  open  to  them  their 
colonies,  and  to  their  riches  those  markets  which  double 
their  value.  If  it  be  to  this  that  tend  all  the  machinations 
set  in  motion  against  the  French  republicans,  and  against 
their  friends  in  the  United  States  :  if  it  be  to  attain  this 
more  conveniently,  that  they  wish  to  have  here,  instead  of 
a  democratick  ambassador,  a  minister  of  the  ancient  regi- 
men, very  complaisant,  very  mild,  well  disposed  to  pay  his 
court  to  people  in  place,  to  conform  himself  blindly  to 
whatsoever  may  flatter  their  views  and  their  projects,  and 
to  prefer  above  all  to  the  modest  and  sure  society  of  good 
farmers,  plain  citizens,  honest  artisans,  that  of  distinguished 
personages,  who  speculate  so  patriotically  on  the  publick 
funds,  on  the  lands  and  paper  of  the  state,  I  know  not  if 
jhc  French  Republick  can  find  for  you  at  this  day  such  a- 
i#au  in  their  bosom.i  but  in  all  events.,  sir.  I  can  assure  von. 


STATE  PAPER4.  165 

that  I  will  press  very  strongly  its  government  to  sacrifice 
me  without  hesitation,  if  this  injustice  offers  the  least  utility. 
Accept  my  respects,  GENET. 

Note. — This  letter  was  one  among  several  others  which 
were  received  at  the  Secretary  of  State's  office  in  Phila- 
delphia, there  formed  into  a  packet,  September  30,  ad- 
dressed to  him,  and  forwarded  by  pest  to  Virginia.  By 
some  accident  of  the  post,  they  did  not  get  on  to  him  in 
Virginia,  were  returned  to  Philadelphia,  and  there  re* 
ceived  by  him  only  the  2d  day  of  December. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Hammond,  Mini- 
ster Plenipotentiary  of  Great  Britain.  Philadelphia, 
Sept.  5,  1793. 

Sir, — I  am  honoured  with  yours  of  August  30th  :  mine 
of  the  7th  of  that  month  assured  you,  that  measures  were 
taking  for  excluding  from  all  further  asylum  in  our  ports 
vessels  armed  in  them  to  cruise  on  nations  with  which  we 
are  at  peace,  and  for  the  restoration  of  the  prizes,  the 
Lovely  Lass,  Prince  William  Henry,  and  the  Jane  of  Dub- 
Jin,  and  that  should  the  measures  for  restitution  fail  in  their 
effect,  the  President  considered  it  as  incumbent  on  the 
Linked  States  to  make  compensation  for  the  vessels. 

We  are  bound  by  our  treaties  with  three  of  the  bellige- 
rent nations,  by  all  the  means  in  our  power,  to  protect  and 
defend  their  vessels  and  effects  in  our  ports  or  waters,  or 
on  the  seas  near  our  shores,  and  to  recover,  and  restore 
the  same  to  the  right  owners,  when  taken  from  them.  If 
all  the  means  in  our  power  are  used,  and  fail  in  their  effect, 
we  are  not  bound  by  our  treaties  with  those  nations  to 
make  compensation. 

Though  we  have  no  similar  treaty  with  Great  Britain, 
it  was  the  opinion  of  the  President,  that  we  should  use  to- 
wards that  nation  the  same  rule,  which,  under  this  article, 
was  to  govern  us  with  the  other  nations,  and  even  to  ex- 
tend it  to  the  captures  made  on  the  high  seas,  and  brought 
into  our  ports,  if  done  by  vessels  which  had  been  armed 
within  them. 

Having,  for  particular  reasons,  forborne  to  use  all  the 
means  in  our  power  for  the  restitution  of  the  three  vessels 
mentioned  in  my  letter  of  Augucst  7(h,  the  President 
'thought  it  incumbent  on  the  IT;ufcd  States  to  make  com- 


1G6  AMERICAN 

pensation  for  them :  and  though  nothing  was  said  in  thai 
letter  of  other  vessels  taken  under  like  circumstances,  and 
brought  in  after  the  5th  June,  and  before  the  date' of  that 
letter,  yet,  where  the  same  forbearance  had  taken  place, 
it  was,  and  is  his  opinion,  that  compensation  would  be 
equally  due. 

As  to  prizes  made  under  the  same  circumstances,  and 
brought  in  after  the  date  of  that  letter,  the  President  de- 
termined, that  all  the  means  in  our  power  should  be  used 
for  their  restitution.  If  these  fail,  as  we  should  not  be 
bound  by  our  treaties  to  make  compensation  to  the  other 
powers,  in  the  analogous  case,  he  did  not  mean  to  give  an 
opinion,  that  it  ought  to  be  done  to  Great  Britain.  But. 
stilly  if  any  cases  shall  arise  subsequent  to  that  date,  the 
circumstances  of  which  shall  place  them  on  similar  ground 
with  those  before  it,  the  President  would  think  compensa- 
tion equally  incumbent  on  the  United  States. 

Instructions  are  given  to  the  governours  of  the  different 
states,  to  use  all  the  means  in  their  power  for  restoring 
prizes  of  this  last  description,  found  within  their  ports. 
Though  they  will,  of  course,  take  measures  to  be  informed 
of  them,  and  the  general  government  has  given  them  the 
aid  of  the  customhouse  officers  for"  this  purpose,  yet  you 
will  be  sensible  of  the  importance  of  multiplying  the  chan- 
nels of  their  information,  as  far  as  shall  depend  on  your- 
self, or  any  persons  under  your  direction,  in  order  that  the 
governours  may  use  the  means  in  their  power  for  making 
restitution.  Without  knowledge  of  the  capture,  they  can- 
not restore  it.  It  will  always  be  best  to  give  the  notice 
to  them  directly  ;  but  any  information,  which  you  shall  be 
pleased  to  send  to  me  also,  at  any  time,  shall  be  forward- 
ed to  them,  as  quickly  as  distance  will  permit. 

Hence  you  will  perceive,  sir,  that  the  President  con- 
templates restitution  or  compensation,  in  the  cases  before 
the  7th  of  August,  and  after  that  date,  restitution,  if  it  can 
be  effected  by  any  means  in  our  power :  and  that  it  will 
be  important,  that  you  should  substantiate  the  fact,  that 
such  prizes  are  in  our  ports  or  waters. 

Your  list  of  the  privateers  illicitly  armed  in  our  ports 
L«,  I  believe,  correct. 

With  respect  to  losses  by  detention,  waste,  spoliation, 
sustained  by  vessels  taken  as  before  mentioned,  between  the 
dates  of  June  5th  and  August  7th,  it  is  proposed,  as  a  pro- 
visional measure,  that  the  collector  of  the  customs  of  the 


STATE  PAPERS.  16? 

district,  and  the  British  consul,  or  any  other  person  you 
please,  shall  appoint  persons  to  establish  the  value  of  the 
vessel  and  cargo,  at  the  times  of  her  capture  and  of  her 
arrival  in  the  port  into  which  she  is  brought,  according  to 
the  value  in  that  port. 

If  this  shall  be  agreeable,  and  you  will  be  pleased  to 
signify  it  to  me,  with  the  names  of  the  prizes  understood 
to  be  of  this  description,  instructions  will  be  given  accord- 
ingly to  the  collectors  of  the  customs,  where  the  respec- 
tive vessels  are.     I  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 

Philadelphia,  Sept.  7,  1793. 

Sir, — Finding  by  the  protests  of  several  of  the  consuls 
of  France, — by  their  advertisements  in  the  publick  papers, 
and  other  proceedings,  and  by  other  sufficient  testimony, 
that  they  claim,  and  are  exercising,  within  the  United 
States,  a  general  admiralty  jurisdiction,  and  in  particular, 
assume  to  try  the  validity  of  prizes,  and  to  give  sentence 
thereon,  as  judges  of  admiralty ;  and  moreover,  that  they 
are  undertaking  to  give  commissions  within  the  United 
States,  and  to  enlist,  or  encourage  the  enlistment  of  men, 
uatives  or  inhabitants  of  these  states,  to  commit  hostilities 
on  nations  with  whom  the  United  States  are  at  peace,  in 
direct  opposition  to  the  laws  of  the  land — I  have  it  in 
charge,  from  the  President  of  the  United  States,  to  give 
notice  to  all  the  consuls  and  vice-consuls  of  France  in  thc> 
United  States,  as  1  hereby  do  to  you,  that  if  any  of  them 
shall  commit  any  of  the  acts  before  mentioned,  or  assume 
any  jurisdiction  not  expressly  given  by  the  convention  be- 
tween France  and  the  United  States,  the  exequatur  of  the 
consul  so  transgressing  will  be  ^immediately  revoked,  and 
his  person  be  submitted  to  such  prosecutions  and  punish- 
ments as  the  laws  may  prescribe  for  the  care.  I  have  the 
honour  to  be,  &c.  Til :  JEFFERSON. 

Citizen  Francois  Dupont,  Consul,  Philadelphia. 

Citizen  Moissonier,  Vice  Consul,  Maryland. 

Citizen  Mangourit,  Consul,  Charleston. 

The  citizen  llauterive,  Consul  from  the  Republic k  o( 
France,  at  New  York. 

~\tr.  Jefferson,  Secretary  of  Slate,  to  Mr.  Genet.  Minister  Ple- 
nipotentiary of  France.     Philadelphia,  Sept.  9,  1793. 

Sir, — In  my  letter  of  June  25th,  on  the  subject  of  the 
rfhip  William,  and  generally  of  vessels   suggested  ,r»  be 


168  AMERICAN 

taken  within  the  limits  of  the  protection  Of  the  United 
States,  by  the  armed  vessels  of  your  nation,  I  undertook 
to  assure  you,  it  would  be  more  agreeable  to  the  President, 
that  such  vessels  should  be  detained,  under  the  orders  of 
yourself,  or  the  consuls  of  France,  than  by  a  military  guard, 
until  the  government  of  the  United  States  should  be  able 
to  inquire  into  and  decide  on  the  fact.  In  two  separate 
letters,  of  the  29th  of  the  same  month,  I  had  the  honour 
to  inform  you  of  the  claims,  lodged  with  the  Executive,  for 
the  same  ship  William  and  the  brig  Fanny ; — to  enclose 
you  the  evidence  on  which  they  were  founded,  and  to  de- 
sire, that  if  you  found  it  just,  you  would  order  the  vessels 
to  be  delivered  to  the  owners  ;  or  if  overweighed,  in  your 
judgment,  by  any  contradictory  evidence  which  you  might 
nave  or  acquire,  you  would  do  me  the  favour  to  communi- 
cate that  evidence,  and  that  the  consuls  of  France  might 
retain  the  vessels  in  their  custody,  in  the  mean  time,  until 
the  Executive  of  the  United  States  should  consider  and 
decide  finally  on  the  subject. 

When  that  mode  of  proceeding  was  consented  to  for 
your  satisfaction,  it  was  by  no  means  imagined  it  would 
have  occasioned  such  delays  of  justice  to  the  individuals 
interested.  The  President  is  still  without  information, 
either  that  the  vessels  are  restored,  or  that  you  have  any 
evidence  to  offer  as  to  the  place  of  capture.  I  am  there- 
fore, sir,  to  repeat  the  request  of  early  information  on  this 
subject,  in  order  that  if  any  injury  has  been  done  those 
interested,  it  may  be  no  longer  aggravated  by  delay. 

The  intention  of  the  letter  of  June  25th  having  been  to 
permit  such  vessels  to  remain  in  the  custody  of  the  consuls, 
instead  of  that  of  a  military  guard,  (which,  in  the  case  of 
the  ship  William,  appeare4  to  have  been  disagreeable  to 
you)  the  indulgence  was,  of  course,  to  be  understood  as 
going  only  to  cases  where  the  Executive  might  take  or 
keep  possession  with  a  military  guard,  and  not  to  interfere 
with  the  authority  of  the  courts  of  justice,  in  any  case 
wherein  they  should  undertake  to  act.  My  letter  of  June 
29,  accordingly,  in  the  same  case  of  the  ship  William,  in- 
formed you,  that  no  power  in  this  country  could  take  a 
vessel  out  of  the  custody  of  the  courts,  and  that  it  was  only 
because  they  decided  not  to  take  cognizance  of  that  case, 
that  it  resulted  to  the  Executive  to  interfere  in  it. 

Consequently  this  alone  put  it  in  their  power  to  leave 
the  vessel  in  the  hands  of  the  consul.     The  courts  of  jus- 


STATE  PAPERS.  1G9 

i&ice  exercise  the  sovereignty  of  this  country  in  judiciary 
matters,  are  supreme  in  these,  and  liable  neither  to  control 
nor  opposition  from  any  other  branch  of  the  government. 
We  learn,  however,  from  the  enclosed  paper,  that  the  con- 
sul of  New  York,  in  the  first  instance,  and  yourself  in  a 
subsequent  one,  forbade  an  officer  of  justice  to  serve  the 
process  with  which  he  was  charged  from  his  court,  on  the 
British  brig  William  Tell,  taken  by  a  French  armed  vessel 
within  a  mile  of  our  shores,  as  has  been  deposed  on  oath, 
and  brought  into  New  York,  and  that  you  had  even  given 
orders  to  the  French  squadron  there  to  protect  the  vessel 
against  any  person  who  should  attempt  to  take  her  from 
their  custody.  If  this  opposition  were  founded,  as  is  there 
suggested,  on  the  indulgence  of  the  letters  before  cited,  it 
was  extending  that  to  a  case  not  within  their  purview ;  and 
even  had  it  been  precisely  the  case  to  which  they  were  to 
be  applied,  is  it  possible  to  imagine  you  might  assert  it, 
within  the  body  of  the  country,  by  force  of  arms  ? 

I  forbear  to  make  the  observations  which  such  a  mea- 
sure must  suggest,  and  cannot  but  believe,  that  a  moment's 
reflection  will  evince  to  you  the  depth  of  the  errour  com- 
mitted in  this  opposition  to  an  officer  of  justice,  and  in  the 
means  proposed  to  be  resorted  to  in  support  of  it. 

1  am  therefore  charged  to  declare  to  you  expressly,  that 
the  President  expects  and  requires,  that  the  officer  of  jus- 
tice be  not  obstructed  in  freely  and  peaceably  serving  the 
process  of  his  court,  and  that,  in  the  mean  time,  the  vessel 
and  her  cargo  be  not  suffered  to  depart,  till  the  judiciary, 
if  it  will  undertake  it,  or  himself,  if  not,  shall  decide  whe- 
ther the  seizure  has  been  made  within  the  limits  of  our 
protection.     I  have  the  honour  to  bo,  k.c. 

TH :  JEFFERSON. 


Mr,  Jefferson,  Secretary  of  State,  to  Mr.  Hammond,  Minister 
Plenipotentiary  of  Great  Britain.  Philadelphia.  Sept.  9. 
1793. 

Sir, — I  have  the  honour  to  acknowledge  the  receipt  of 
your  two  memorials,  of  the  4th  and  6th  instant,  which  hstve 
been  duly  laid  before  the  President  of  the  United  States. 

You  cannot  be  uninformed  of  the  circumstances  whi<  h 

have  occasioned  the  French  squadron,  now  in  New  York, 

10  seek  an  asylum  in  the  ports  of  the  United  Slates.    Driven 

from  those  where  they  were  on  duty,  by  the  superiority  <tt 

vot..  n  22 


•HO  AMfiRICitf 

the  adverse  party  in  the  civil  war  which  has  so  unhap- 
pily afflicted  the  colonies  of  France,  filled  with  the  wretched 
fugitives  from  the  same  scenes  of  distress  and  desolation, 
without  water  or  provisions  for  the  shortest  voyage,  their 
■vessels  scarcely  in  a  condition  to  keep  the  sea  at  all,  they 
were  forced  to  seek  the  nearest  ports  in  which  they  could 
be  received  and  supplied  with  necessaries.  That  they 
have  ever  been  out  again  to  cruise,  is  a  fact  we  have  never 
heard,  and  which  we  believe  to  be  impossible,  from  the 
information  received  of  their  wants,  and  other  impediments 
to  active  service.  This  case  has  been  noted  specially,  to 
show,  that  no  inconvenience  could  have  been  produced  to 
the  trade  of  the  other  belligerent  powers  by  the  presence 
of  this  fleet  in  our  harbours. — I  shall  now  proceed  to  more 
general  ground. 

France,  England,  and  all  other  nations  have  a  right  to 
cruise  on  our  coasts  ;  a  right,  not  derived  from  our  permis- 
sion, but  from  the  law  of  nature.  To  render  this  more 
advantageous,  France  has  secured  to  herself,  by  treaty 
with  us  (as  she  has  alone  also,  by  a  treaty  with  Great 
Britain,  in  the  event  of  a  war  with  us  or  any  other  nation) 
two  special  rights.  1st.  Admission  for  her  prizes  and 
privateers  into  our  ports.  This,  by  the  xvn  and  xxn 
articles,  is  secured  to  her  exclusively  of  her  enemies,  as 
is  done  for  her  in  the  like  case  by  Great  Britain,  were  her 
present  war  with  us,  instead  of  Great  Britain.  2d.  Ad- 
mission for  her  publick  vessels  of  war  into  our  ports,  in 
eases  of  stress  of  weather,  pirates,  enemies,  or  other  urgent 
necessity,  to  refresh,  victual,  repair,  &c.  This  is  not 
exclusive  :  As  we  are  bound  by  treaty  to  receive  the  pub- 
lick  armed  vessels  of  France,  and  are  not  bound  to  exclude 
those  of  her  enemies,  the  Executive  have  never  denied  the 
game  right  of  asylum,  in  our  ports,  to  the  publick  armed 
vessels  of  your  nation.  They,  as  well  as  the  French,  are 
free  to  come  into  them,  in  all  cases  t)f  weather,  pirates, 
enemies,  ob  other  urgent  necessity,  and  to  refresh,  victual, 
repair,  &c.  And  so  many  are  these  urgent  necessities,  to 
vessels  far  from  their  own  ports,  that  we  have  thought 
inquiries  into  the  nature,  as  well  as  the  degree,  of  their 
necessities  which  drive  them  hither,  as  endless  as  they 
would  be  fruitless;  and  therefore  have  not  made  them. 
And  the  rather,  because  there  is  a  third  right,  secured  to 
neither  by  treaty,  but  due  to  both  on  the  principles  of  hos- 
pitality between  friendly  nations, — that  of  coming  inljj 


STATE  PAPERS.  17fr 

our  ports,  not  under  the  pressure  of  urgent  necessity,  but 
whenever  their  comfort  or  convenience  induced  them.  Oa 
this  ground  also,  the  two  nations  are  on  a  footing. 

As  it  has  never  been  conceived,  that  either  would  detain 
their  ships  of  war  in  our  ports,  when  they  were  in  a  con- 
dition for  action,  we  have  never  conceived  it  necessary 
to  prescribe  any  limits  to  the  time  of  their  stay.  Nor  can 
it  be  viewed  as  an  injury  to  either  party,  to  let  their  ene- 
mies lie  idle  in  our  ports,  from  year's  end  to  year's  end,  if 
they  choose  it.  Thus  then  the  publick  ships  of  war  of 
both  nations  enjoy  a  perfect  equality  in  our  ports — 1st,  in 
cases  of  urgent  necessity — 2d,  in  cases  of  comfort  or  con- 
venience— and  3d,  in  the  time  they  choose  to  continue, — 
And  all  a  friendly  power  can  ask  from  another  is,  to  extend 
to  her  the  same  indulgences  which  she  extends  to  other 
friendly  powers.  And  though  the  admission  of  the  prizes 
and  privateers  of  France  is  exclusive,  yet  it  is  the  effect 
of  treaty,  made  long  ago  for  valuable  considerations,  not 
with  a  view  to  the  present  circumstances,  nor  against  any 
nation  in  particular,  but  all  in  general ;  and  may,  therefore, 
be  faithfully  observed,  without  offence  to  any ;  and  we 
mean  faithfully  to  observe  it.  The  same  exclusive  article 
has  been  stipulated,  as  was  before  observed,  by  Great 
Britain  in  her  treaty  with  France,  and  indeed  is  to  be  found 
in  the  treaties  between  most  nations. 

With  respect  to  the  usurpation  of  admiralty  jurisdiction 
by  the  consuls  of  France,  within  these  states,  the  honour 
and  rights  of  the  states  themselves  were  sufficient  motives 
for  the  Executive  to  take  measures  to  prevent  its  continu- 
ance, as  soon  as  they  were  apprized  of  it.  They  have 
been  led,  by  particular  considerations,  to  await  the  effect 
of  these  measures,  believing  they  would  be  sufficient ;  but 
finding,  at  length,  they  were  not,  such  others  have  been 
lately  taken,  as  can  no  longer  fail  to  suppress  this  irregu- 
larity completely. 

The  President  is  duly  sensible  of  the  character  of  the 
act  of  opposition  made  to  the  service  of  legal  process  on 
the  brig  William  Tell,  and  he  presumes,  the  representa- 
tions made  on  that  subject  to  the  minister  of  France  will 
have  the  effect  of  opening  a  free  access  to  the  officer  of 
justice,  when  he  shall  again  present  himself  with  the  pre- 
cept of  his  court.     I  have  the  honour  to  be,  k.c. 

TH :  JEFFERSON. 


172  AMERICAN" 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Van  Bcrckel,  Resi- 
dent of  the  United  Netherlands.  Philadelphia,  September 
9,  1793. 

Sir, — I  have  the  honour  now  to  acknowledge  the  receipt 
of  your  memorial  of  the  dth  instant. 

You  cannot  be  uninformed  of  the  circumstances  which 
have  occasioned  the  French  squadron,  now  in  New  York, 
to  seek  an  asylum  in  the  ports  of  the  United  States  ;  driven 
from  those  where  they  were  on  duty,  by  the  superiority  oi 
the  adverse  party  in  the  civil  war  which  has  so  unhappily 
afflicted  the  colonies  of  France,  filled  with  the  wretched 
fugitives  from  the  same  scenes  of  distress  and  desolation, 
without  water  or  provisions  for  the  shortest  voyage,  their 
vessels  scarcely  in  a  condition  to  keep  the  sea  at  all,  they 
were  forced  to  seek  the  nearest  ports  in  which  they  could 
be  received  and  supplied  with  necessaries.  That  they 
have  ever  been  out  again  to  cruise,  is  a  fact  we  have  never 
heard,  and  which  Ave  believe  to  be  impossible,  from  the 
information  received  of  their  wants,  and  other  impediments 
to  active  service.  This  case  has  been  noted  specially, 
to  show  that  no  inconvenience  can  have  been  produced  to 
the  trade  of  the  other  belligerent  powers  by  the  presence 
of  this  fieet  in  our  harbours.  I  shall  now  proceed  to  more 
general  ground. 

France,  Holland,  and  all  other  nations,  have  a  right  to 
cruise  on  our  coasts  ;  a  right,  not  derived  from  our  permis- 
sion, but  from  the  law  of  nature.  To  render  this  more 
advantageous,  France  has  secured  to  herself,  by  treaty 
with  us,  two  special  rights — 1st.  Admission  for  her  prizes 
and  privateers  into  our  ports.  This,  by  the  xvn  and  xxn 
articles  of  our  treaty,  is  secured  to  her,  exclusively  of  her 
enemies,  and  there  is  a  salvo  of  it  in  her  favour,  in  our 
freaiy  with  the  United  Netherlands.  2d.  Admission  for 
her  publick  vessels  of  war  into  our  ports,  in  cases  of  stress 
of  weather,  pirates,  enemies,  or  other  urgent  necessity,  to 
refresh,  victual,  repair,  c*x.  This  is  not  exclusive,  and 
is  secured  also  to  the  United  Netherlands,  by  our  treaty 
with  them,  and  their  publick  aimed  vessels  arc  accordingly 
free  to  come  into  our  ports,  in  all  cases  of  weather,  pirates, 
enemies,  or  oilier  urgent  ncce.-.>ity,  and  to  refresh,  victual, 
repair,  &c.  And  so  many  are  these  urgent  necessities, 
to  vessels  fir  from  their  own  ports,  that  we  have  thought 
inquiries  into  the  nature,  as  well  as  the  degree,  of  the 


STATE  PAPERS.  173 

necessities  which  drive  them  hither,  as  endless  as  they 
would  be  fruitless,  and  therefore  have  not  made  them : 
And  the  rather,  because  there  is  a  third  right,  secured  to 
neither  by  treaty,  but  due  to  both  on  the  principles  of  hos- 
pitality between  friendly  nations,  that  of  coming  into  our 
ports,  not  under  the  pressure  of  urgent  necessity,  but  when- 
ever their  comllort  or  convenience  inclines  them.  On  this 
ground  also,  the  two  nations  are  on  a  footing. 

As  it  has  never  been  conceived,  that  either  would  detain 
their  ships  of  war  in  our  ports,  when  they  were  in  a  con- 
dition for  action,  we  have  never  conceived  it  necessary  to 
prescribe  any  limits  to  the  time  of  their  stay.  Nor  can  it 
be  viewed  as  an  injury  to  either  party,  to  let  their  enemies 
lie  idle  in  our  ports,  from  year's  end  to  year's  end,  if  they 
choose  it.  Thus  then,  the  publick  ships  of  war,  of  both 
nations,  enjoy  a  perfect  equality  in  our  ports — 1st,  in 
cases  of  urgent  necessity — 2d,  in  cases  of  comfort  or  con- 
venience— and  3d,  in  the  time  they  choose  to  continue. 
And  all  a  friendly  power  can  ask  of  another  is,  to  extend 
to  her  the  same  indulgences  which  she  extends  to  other 
friendly  powers.  And  though  the  admission  of  the  prizes 
and  privateers  of  France  is  exclusive,  yet  it  is  the  elfect 
of  treaty,  made  long  ago,  for  valuable  considerations,  not 
with  a  view  to  present  circumstances,  nor  against  any 
nation  in  particular,  but  all  in  general,  and  may,  therefore, 
be  faithfully  observed,  without  offence  to  any ;  and  we 
mean  faithfully  to  observe  it.  And  this  has  been  expressly 
admitted,  as  was  before  observed,  in  our  treaty  with  the 
United  Netherlands. 

"VV  ith  respect  to  the  usurpation  of  admiralty  jurisdiction 
by  the  consuls  of  France,  within  these  slates,  the  honour 
and  rights  of  the  states  themselves  were  sufficient  motives 
for  the  Executive  to  take  measures  to  prevent  its  continu- 
ance, as  soon  as  they  were  apprized  of' it.  They  have 
been  led,  by  particular  considerations,  to  await  the  effect 
of  these  measures,  believing  they  would  be  sufficient;  but 
finding,  at  length,  they  were  not,  such  others  have  been 
lately  taken,  as  can  no  longer  fail  to  suppress  this  irregu- 
larity completely.     1  have  the  honour  to  be,  &c. 

TH :  JEFFERSON. 


174  A&ER1CAK 

The  Citizen  Genet,  Minister  Plenipotentiary  from  the  Re- 
publick  of  France  to  the  United  States,  to  Mr.  Jefferson. 
Secretary  of  State  of  the  United  States.  New  York,  Sep- 
tember 6,  %d  year  of  the  French  Republick. 

Sir. — I  have  just  discovered  the  most  horrible  conspi- 
racy which  has  been  formed  against  the  arms  of  the 
French  Republick  :  I  have  just  discovered  the  whole  clue 
and  all  the  proofs  of  the  infernal  plot,  which  for  these  two 
months  detained  the  French  squadron  in  your  ports  in  a 
state  of  nullity ; — of  that  plot  which  threatened,  not  only 
the  safety  of  our  vessels,  but  also  that  of  our  colonial  pos- 
sessions. The  traitors  Galbaud  and  Tanguy,  and  several 
other  villains,  not  satisfied  with  having  caused,  at  St. 
Domingo,  the  spilling  of  the  blood  of  an  immense  number 
of  people  : — not  satisfied  with  having  there  caused  the  loss 
of  a  milliard  to  the  Republick,  concerted  here,  at  Balti- 
more, and  at  Philadelphia,  the  project  of  bringing  our 
forces  to  concur  with  them  in  the  execrable  plan  medi- 
tated by  these  men,  whose  crimes  have  caused  them  to 
flee  their  country,  to  return  to  St.  Domingo,  for  the  pur- 
pose of  renewing  there  the  horrours  and  misfortunes  which 
they  have  already  had  committed  in  that  place.  I  have 
been  informed  that  the  success  which  the  colonists  of  this 
place  promised  to  themselves  was  nothing  less  than  found- 
ed, as  was  that,  the  execution  of  which  has  lately  been 
attempted  in  the  Windward  Islands,  upon  a  proposed  alli- 
ance with  the  enemies,  now  at  war  with  the  Republick, — 
the  English  and  the  Spaniards. 

France,  sir,  in  such  circumstances,  has  required  in  Eu- 
rope of  the  neighbouring  powers,  that  they  oppose  every 
preparation  which  may  be  attempted  by  the  emigrants  in 
their  dominions  against  her  safety.  She  expects  from  a 
friendly  and  allied  government,  that  it  will  be  sufficient 
to  notify  them  of  the  plots  forming  against  her  in  their  own 
territory,  in  order  to  obtain  from  them  all  proper  means 
to  suppress  them.  I  have  effected  the  disarming  of  the 
vessel,  which  was  in  the  most  alarming  state  of  rebellion  ; 
but  the  instigators  of  it  have  fled,  and  1  learn  that  they  are 
spreading  over  the  continent,  where  they  cannot  but  he 
very  injurious,  as  well  to  the  tranquillity  of  this,  as  to  the 
interests  of  their  own  country. 

I  therefore  request  the  federal  government  to  take  the 
raost  speedy  and  efficacious  measures  to  have  them  arresi- 


STATE  PAPERS.  175 

od,  and  thereby  prevent  them  from  committing  the  crimes 
which  they  might  attempt.  The  governour  and  magistracy 
of  New  York  have  issued  warrants  against  Galbaud,  Tan- 
guy,  Conscience,  and  Bonne  ;  but  they  have  each  escaped 
the  activity  of  the  persons  sent  to  apprehend  them.  The 
traitors  fly  the  punishment  reserved  for  their  crimes,  and 
doubtless  will  employ  themselves  on  new  means  of  exe- 
cuting the  plots  they  have  formed  against  France.  I  have 
positive  information  that  they  are  still  within  the  confines 
of  the  United  States ;  and,  as  the  warrants  of  New  York 
cannot  be  served  out  of  the  bounds  of  the  state,  I  particu- 
larly request  from  the  federal  government  against  the  said 
Galbaud,  Tanguy,  Conscience,  and  Bonne,  of  whom  1 
subjoin  a  description,  orders  of  arrest  which  shall  extend 
throughout  the  continent  of  the  United  States.  I  also 
request  that  the  most  strict  and  steady  attention  may  be 
had  relative  to  the  plots  I  have  mentioned. 

May  this  signal  act,  leaving  no  doubt  as  to  tho  sincerity 
of  the  wishes  of  the  government  of  the  United  States,  for 
the  success  of  the  French  Republick,  cause  all  the  traitors 
to  tremble,  whom  my  esteem  for  your  country  has  led  me 
perhaps  too  much  to  despise,  and  who  avail  themselves 
of  the  access  which  the  kindness  and  hospitality  of  your 
nation  offer  them,  to  conspire  within  its  very  bosom,  and 
in  the  circle  of  its  most  elevated  personages,  against 
France  and  the  general  freedom  of  nations.      GENET. 

Mr.  Jefferson,  Secretary  of  State,  t»  Mr.  Genet,  Minister 
Plenipotentiary  of  France.  Philadelphia,  September  12, 
1793. 

Sir, — I  have  the  honour  of  your  letter  of  the  6th  inst. 
and  can  assure  you  with  real  truth  of  the  readiness  and 
zeal  with  which  the  Executive  will  concur  in  preventing, 
within  the  limits  of  the  United  States,  any  preparation  of 
hostilities  against  France  or  her  colonies,  as  far  as  this  can 
be  effected  by  the  extension  of  that  portion  of  the  publick 
power,  with  which  they  are  invested  by  the  laws.  Your 
letter  requests  the  arrest  and  delivery  of  Tanguy,  Galbaud, 
Conscience,  and  Bonne,  escaped  from  the  ship  Jupiter, 
and  from  the  punishment  of  crimes  committed  against  the 
Republick  of  France;  and  also  that  necessary  measures 
be  taken,  to  prevent  the  carrying  into  execution  certain 
plots  formed  by  them  and  others  against  their  country. 
These  two  requisitions  stand  on  different  ground.     ThV 


J76 


AMERICAN 


laws  of  this  country  take  no  notice  of  crimes  committed 
out  of  their  jurisdiction.  The  most  atrocious  offender, 
coming  within  their  pale,  is  received  by  them  as  an  inno-- 
cent  man,  and  they  have  authorized  no  one  to  seize  or 
deliver  him.  The  evil  of  protecting  malefactors  of  every 
dye  is  sensibly  felt  here,  as  in  other  countries ;  but  until  a 
reformation  of  the  criminal  codes  of  most  nations,  to  de- 
liver fugitives  from  them,  would  be  to  become  their  accom- 
plices :  the  former  therefore  is  viewed  as  the  lesser  evil. 
When  the  consular  convention  with  France  was  under 
consideration,  this  subject  was  attended  to :  but  we  could 
agree  to  go  no  further  than  is  done  in  the  9th  article  of 
that  instrument,  where  we  agree  mutually  to  deliver  up 
"  captains,  officers,  mariners,  sailors,  and  all  other  persons 
being  part  of  the  crews  of  vessels,"  &c.  Unless  therefore 
the  persons  before  named  be  part  of  the  crew  of  some 
vessel  of  the  French  nation,  no  person  in  this  country  is 
authorized  to  deliver  them  up,  but  on  the  contrary  they 
are  under  the  protection  of  the  laws.  If  they  are  part  of 
the  crew  of  a  vessel,  they  are  to  be  delivered  up  :  but  then 
it  happens  that  the  district  judge  of  each  state  is  by  the 
law  of  Congress  made  the  competent  person  to  execute 
this  article  of  the  convention,  and  consequently  each  within 
his  own  state,  and  no  one  over  all  the  states ;  so  that  as 
criminals  they  cannot  be  given  up,  and  if  they  be  of  a 
crew  of  a  vessel,  the  act  of  Congress  has  not  given  au- 
thority to  any  one  officer  to  send  his  process  through  all 
«.he  states  of  the  Union.  The  other  branch  of  your  request 
is  more  completely  provided  for  by  the  laws,  which  au- 
thorize coercions  as  to  expeditions  formed  in  the  territory 
of  the  United  States  against  notions  with  whom  they  are 
at  peace.  If  therefore  you  will  be  pleased  to  give  me  such 
information  as  to  persons  and  places  as  may  indicate  to 
what  points  the  vigilance  of  the  officers  is  to  be  directed, 
proper  measures  will  be  immediately  taken  for  preventing 
every  attempt  to  make  any  hostile  expedition  from  these 
states  against  any  of  the  dominions  of  France  ;  the  stronger 
the  proofs  you  can  produce,  and  the  more  pointed  as  to 
persons,  the  stronger  will  be  the  means  of  coercion  which 
the  laws  will  allow  to  be  used. 

I  have  not  yet  laid  this  matter  before  the  President,  who 
is  absent  from  the  scat  of  government ;  but  to  save  delay 
which  might  be  injurious,  I  have  taken  the  liberty,  as  the 
case  is  plain,  to  give  you  this  provisory  answer.     I  shall 


STATE  PAPERS.  It? 

immediately  communicate  it  to  the  President,  and  if  he 
shall  direct  any  thing  in  addition,  or  alteratibn,  it  shall  be 
the  subject  of  another  letter.  In  the  mean  time,  I  may 
venture  to  let  this  be  considered  as  a  ground  for  your 
proceeding.     I  have  the  honour  to  be,  &c. 

TH :  JEFFERSON. 

Mr,  Jefferson,  Secretary  of  State,  to  Mr.  Hamilton,  Secretary 
of  the  Treasury.     Philadelphia,  Sept.  12,  1793. 

Sir, — I  have  the  honour  to  enclose  you  a  paper  deliver- 
ed me  by  Mr.  Bournonville,  on  the  part  of  the  minister  of 
France,  reclaiming  against  the  demand  of  tonnage  on  the 
vessels  which  came  hither  from  the  West  Indies^  in  their 
late  calamity. — It  is  urged,  that  they  were  driven  out  of 
their  harbours  by  superior  force,  and  obliged  to  put  to 
sea  without  water  or  stores,  and  therefore,  to  make  the 
first  ports  where  they  could  be  relieved  ;  which  constitute, 
in  their  opinion,  those  circumstances  of  distress  and  neces- 
sity, which  exempt  vessels  from  the  payment  of  tonnage. 
This  case  belongs  to  your  department.  I  take  the  liberty, 
in  the  absence  of  the  President,  and  to  save  time,  to  trans- 
mit it  to  you  directly,  for  your  consideration.  I  have  the 
honour  to  be,  &c.  TH :  JEFFERSON. 

Citizen  Genet,  Minister  Plenipotentiary  of  the  Republick  of 
France,  to  Mr.  Jefferson,  Secretary  of  State  of  the  United 
States.  New  York,  September  24,  1793,  2d  year  of  the 
Republick  of  France, 

Sir, — I  am  charged  to  communicate  to  you  the  decree 
rendered  by  the  National  Convention,  on  the  13th  of  April 
last,  by  which  they  declare,  "  That  the  French  people  shall 
not  intermeddle,  in  any  manner,  with  the  government  of 
other  powers ;  but  that  they  will  not  suffer  any  power  to 
intermeddle  with  the  interior  administration  of  the  Repub- 
lick, and  pronouncing  the  penalty  of  death  on  whoever 
shall  propose  to  negotiate  or  treat  with  enemy  powers, 
who  shall  not  have  solemnly  acknowledged  the  indepen- 
dence and  sovereignty  of  the  French  Republick." 

When  the  French  citizens,  by  the  example  of  those  of 
America,  have  thought  proper  to  establish  a  government 
founded  on  the  rights  of  man,  it  was  to  be  expected,  that 
they  would  find  enemies  in  all  those  ambitious  and  eager 
for  authority — in  all  the  cabinets  in  which  Machiavelismt 
vor,.  r.  23 


lit  AMERICAN 

is  honoured ;  and  when  the  French  people,  soured,  fatigued 
with  the  dark  machinations  of  their  enemies,  their  publick 
attacks,  the  insults  contained  in  the  acts  of  the  despotick 
courts,  of  governments  tending  to  monarchy,  have  thought 
proper  to  repel  these  perfidies  by  acts  marked  with  the 
stamp  of  loyalty,  greatness,  philosophy,  even  at  the  instant 
their  vile  enemies  reported  that  they  wished  to  annihilate 
all  the  governments,  to  destroy  all  authority,  to  spread 
trouble  and  confusion  throughout,  as  if  to  oppose  a  provo- 
cation was  not  a  natural  right,  as  if  a  great  people,  victim 
of  the  particular  hatred  of  the  government  of  another 
people,  had  not  the  right  to  retaliate  their  fears,  to  en- 
lighten them  as  to  their  errours,  and  to  endeavour,  by  these 
pleasant  and  just  means,  to  ward  off  great  misfortunes, 
even  to  prevent  war.  Be  this  as  it  may,  the  National 
Convention  has  thought  it  a  duty  to  assure  the  friends  of 
humanity,  and  to  shut  the  mouths  of  their  enemies,  to  pro- 
claim the  intentions  of  the  French  people,  whose  agents 
will  show,  in  every  circumstance,  that  they  know  as  well 
how  to  respect  the  laws  of  other  people,  as  to  defend 
those  of  the  French  nation,  and  to  maintain  their  rights. 
Accept  my  respect,  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  France,  Monticello,  in  Virginia,  Oct, 
2,  1793. 

Sir, — I  was  honoured,  yesterday,  with  your  letter  of 
the  14th  of  September,  covering  the  commission  of  the 
citizen  Dannery,  to  be  consul  of  the  Republick  of  France, 
at  Boston.  I  now  lay  the  same,  by  letter,  before  the 
President,  to  obtain  his  exequatur,  which  will  be  forwarded 
to  you  with  the  commission.  The  exequatur  is  made 
exactly  commensurate  with  the  commission ;  but  I  appre- 
hend, that  neither  is  so  with  the  intentions  of  the  executive 
council,  who  probably  did  not  mean  to  confine  the  func- 
tions of  Mr.  Dannery  to  the  township  of  Boston.  Should 
this  be  the  case,  you  will  be  sensible  of  the  expediency  of' 
obtaining  for  him,  as  early  as  possible,  a  new  commission, 
defining  the  limits  of  his  office,  as  extensively  as  they  mean 
he  shall  exercise  them,  to  which  a  new  exequatur  being 
adapted,  their  intentions  will  be  fulfilled. 

Satisfied  that  errours  in  the  address  of  their  commissions 
proceed  from  a  want  of  intimacy  with  our  constitution,  no 


3TATB  PAPERS.  179 

difficulty  has  been  made,  on  that  account,  in  the  case  of 
the  present  commission.  But  it  is  my  duty  to  remark  to 
you,  that,  by  our  constitution,  all  foreign  agents  are  to  be 
addressed  to  the  President  of  the  United  States,  no  other 
branch  of  the  government  being  charged  with  the  foreign 
communications.  I  have  no  doubt  you  will  draw  the  atten- 
tion of  your  government  to  this  circumstance  of  form  in 
future  commissions.     I  have  the  honour  to  be,  &c. 

TH :  JEFFERSON. 


■George  Washington,  President  of  the  United  States  of  Ame* 
rica,  to  all  whom  it  may  concern  : 

The  citizen  Dannery,  having  produced  to  me  his  com- 
mission, as  consul  for  the  Republick  of  France,  at  Boston, 
I  do  hereby  recognise  him  as  such,  and  do  declare  him  free 
to  exercise  and  enjoy  such  functions,  powers  and  privileges, 
as  are  allowed  to  consuls  of  the  French  Republick  by  the 
laws,  treaties,  and  conventions,  in  that  case  made  and  pro- 
vided. 

In  testimony  whereof,  I  have  caused  these  letters  to  be 
made  patent,  and  the  seal  of  the  United  States  to  be  here- 
unto affixed. 

Given  under  my  hand,  the day  of ,  in  the  year 

of  our  Lord  1793,  and  the  independence  of  the 
United  States  of  America  the  18th. 

By  the  President..        TH  :  JEFFERSON. 

Mr,  Jefferson,  Secretary  of  Slate,  to  Mr.  Duplaine,    Vict 
Consul  of  France,  at  Boston.     October  3,  1793. 

Sir, — Authentick  information  being  received,  that,  under 
colour  of  your  office,  as  vice-consul  of  the  Republick  of 
France,  you  have,  with  an  armed  force,  opposed  the  course 
of  the  laws  of  the  land,  and  rescued  out  of  the  hands  of  an 
officer  of  justice  a  vessel  which  he  had  arrested  by  autho- 
rity of  a  precept  from  his  court :  The  President  of  the 
United  Sates  has  considered  it  as  inconsistent  with  the  au- 
thority of  the  laws,  and  the  respect  which  it  is  his  office 
to  enforce  to  them,  that  you  should  any  longer  be  permit- 
ted to  exercise  the  functions,  or  enjoy  the  privileges,  of 
vice-consul  in  these  United  Stales  ;  and  has  therefore 
thought  proper,  by  the  letters  patent,  of  which  I  enclose 
you  a  copy,  to  revoke  the  exequatur  heretofore  granted 


180  AMERICAS 

you,  and  to  make  the  same  publick.  I  have  the  honour, 
also,  to  enclose  copies  of  the  evidence  whereon  this  mea- 
sure is  founded.     And  to  be,  &c. 

TH  :  JEFFERSON. 

UNITED  STATES  OF  AMERICA. 

DISTRICT  OF  MASSACHUSETTS,    SS. 

THE  PRESIDENT  OP  THE  UNITED  STATES  OF  AMERICA 

TO    THE   MARSHAL    OF    OUR    DISTRICT    OF    MASSACHUSETTS,    OR     HIS 
DEPUTY. 

Greeting  : 
We  command  you,  that  you  replevy  the  goods  and  chat- 
tels following,  viz.  A  certain  schooner  called  the  Grey- 
hound, of  the  burden  of  forty  tons  or  thereabouts,  whereof 
John  Henry  Hill  was  late  master,  together  with  her  boat, 
rigging,  tackle,  apparel,  and  furniture  whatsoever,  also  the 
cargo  of  said  schooner,  now  on  board  the  same,  consisting 
of  ninety-five  thousand  mackerel,  in  bulk,  equal  to  four 
hundred  barrels — The  same  goods  and  chattels  belonging 
to  Alexander  Brymer  and  Andrew  Belcher,  of  Halifax,  in 
the  province  of  Nova  Scotia,  merchants,  now  taken  and 
detained  by  Lewis  Guilliaume  Felix  Laumosne,  of  Boston, 
in  said  district,  at  Boston  harbour,  so  called  in  Boston 
aforesaid  ;  and  them  deliver  unto  the  said  Brymer  and 
Belcher ;  provided  the  same  are  not  taken  and  detained 
upon  mean  process,  warrant  of  distress,  or  upon  execu- 
tion, as  the  property  of  the  said  Brymer  and  Belcher  ; 
and  summon  the  said  Lewis,  that  he  appear  before  our 
justices  of  our  circuit  court,  next  to  be  holden  at  Boston, 
within  and  for  our  district  of  Massachusetts,  on  the  twelfth 
day  of  October  next,  to  answer  unto  the  said  Brymer  and 
Belcher  in  a  plea  of  replevin,  for  that  the  said  Lewis,  on 
the  twenty-first  day  of  August  instant,  at  said  Boston,  un- 
lawfully, and  without  any  justifiable  cause,  took  the  goods 
and  chattels  of  the  said  Brymer  and  Belcher  as  aforesaid, 
and  them  unlawfully  detained  to  this  day,  to  the  damage 
of  the  said  Brymer  and  Belcher,  as  they  say,  the  sum  of 
two  thousand  dollars  :  Provided,  they  the  .said  Brymer  and 
Belcher  shall  give  bond  to  the  said  Lewis,  with  sufficient 
surety  or  sureties,  in  the  sum  of  four  thousand  dollars,  be- 
ing twice  the  value  of  the  said  goods  and  chattels,  to  pro- 
secute the  said  replevin  to  final  judgment,  and  to  pay  such 
damages  and  costs  as  the  said  Lewis  shall  recover  against 


SfATE  PAPERS.  18l 

him  ;  and  also  to  return  and  restore  the  same  goods  and 
chattels,  in  like  good  order  and  condition  as  when  taken, 
in  case  such  shall  be  the  final  judgment.  And  have  }rou 
there  this  writ,  with  your  doings  herein,  together  with  the 
bond  you  shall  take.  Witness  John  Jay,  Esquire,  at  Bos- 
ton, this  twenty-first  day  of  August,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  ninety-three. 

N.  GOODALE,  Clerk. 
A  true  copy. 

Attest.        SAML.  BRADFORD,  Dy.  Marsl. 

/  Thomas  Amory,  jun.  depose  : 

That  on  the  22d  day  of  August,  at  the  request  of  C. 
Gore,  Esq.  and  general  Brooks,  I  went  with  the  latter  on 
board  the  frigate  La  Concorde,  introduced  him  to  the  cap- 
tain and  informed  captain  Van  Dogen,  that  general  Brooks 
was  marshal  of  this  district,  and  waited  on  him  relative  to 
the  schooner  which  colonel  Bradford  had  attempted  to 
replevin,  but  was  interrupted  in  the  service  of  his  precept 
by  an  armed  force,  sent  by  his  order  from  on  board  the 
frigate,  that  general  Brooks  wished  to  converse  with  him, 
and  the  consul  on  the  subject  when  convenient.  Soon 
after  the  company  withdrew,  when  general  Brooks  in  pre- 
sence of  the  captain,  consul,  justice  Cooper  and  myself, 
told  the  captain,  that  colonel  Bradford,  his  deputy,  had 
been  interrupted  in  serving  a  precept  on  the  schooner 
Greyhound,  taken  by  the  privateer,  pointing  to  the  vessel 
under  the  frigate's  stern,  by  an  armed  force  under  his 
orders,  and  that  he  had  waited  on  him  to  demand  a  sur- 
render of  the  vessel  to  colonel  Bradford  his  deputy  mar- 
shal, when  the  captain  expressed  his  dislike  to  the  taking 
(he  Americans  out  of  the  privateer  and  prizes  the  day  be- 
fore to  colonel  Bradford,  serving  the  precept — that  ho 
received  orders  from  the  consul  to  withhold  and  protect, 
that  it  was  his  duty  and  he  certainly  should  protect  her. 
The  consul  said  that  any  vessel  wearing  the  national  flag 
of  the  Republick  of  France,  of  course,  was  entitled  to  his 
protection  ;  when  general  Brooks  put  this  case,  should  a 
French  merchantman  be  attached  in  this  port  by  a  citizen 
of  the  United  States,  would  you  consider  it  your  duty  to 
fake  that  vessel  under  your  protection  against  the  process  ? 
The  captain  answered  in  the  affirmative — the  captain 
afterwards  told  me  that  he  had  written  to  the  govemour, 


182  AMERICAS 

and  that  if  he  demanded  the  prize,  he  must  of  course  rev 
linquish  her,  forwarding  the  governour's  reply  with  copy 
of  his  letter  to  the  minister  of  France.  The  consul  then 
appointed  to  meet  at  his  lodgings  in  the  evening,  where  I 
accompanied  general  Brooks,  and  after  much  conversation, 
the  consul  said,  he  did  not  wish  to  oppose  force  to  the 
execution  of  our  laws,  that  he  left  the  frigate  in  a  great 
hurry,  or  he  should  then  have  given  orders  to  captain  Van 
Dogen  to  withdraw  his  men  out  of  the  prize,  and  leave 
her  to  the  control  of  colonel  Bradford,  and  that  he  would 
then  do  it,  hut  should  at  the  same  time  protest  against  the 
business.  At  that  moment  Mr.  Jutau  came  into  the  room, 
and  said  a  few  words  to  the  consul  in  French,  the  consul 
turned  about  and  said  he  should  not  relinquish  the  vessel, 
when  I  reminded  him  of  what  he  had  just  before  promised 
— he  said  again,  he  was  sorry  for  the  difficulty.  The  mar- 
shal then  said,  that  a  great  deal  had  passed  on  the  subject, 
and  he  now  wished  a  categorical  answer  to  his  demand— - 
the  general  wished  to  know  if  he  was  to  understand,  that 
he,  the  consul,  refused  to  allow  colonel  Bradford  to  take 
charge  of  the  vessel,  the  consul  said  he  did  not,  certainly 
did  not,  wish  to  oppose  force  to  the  officers  of  law  in  this 
country.  Said  he  wished  them  to  write,  and  promised 
to  answer,  conclusively,  in  the  morning.  Friday  morning, 
August  24,  3  o'clock.  This  morning  general  Brooks  and 
myself  waited  on  the  consul,  when  he  informed  us,  he 
had  concluded  to  keep  possession  of  the  vessel,  and  gene- 
ral Brooks  informed  him  he  should  make  a  representation 
of  the  business  to  the  government.  I  then  handed  the  con- 
sul an  open,  letter  from  C.  Gore,  Esq.  and  took  leave  with 
general  Brooks — a  copy  of  which  letter  is  hereunto  an- 
nexed. THOMAS  AMORY,  ju.v. 
Boston,  September  10,  1793. 

The  consul  did,  in  my  presence,  read  part,  or  the  whole, 
«f  the  letter  referred  to,  and  made  no  reply. 

THOMAS  AMORY,  jun. 

"Sworn  to,  September  10th,  1793, 

Before  J.  LOWELL,  Judge  of  the  District 
Court  of  Massachusetts  District. 

Boston,  August  22,   1793. 
Sir, — I  have  been  informed  that  the  marshal  of  the  dis- 
trict of  Massachusetts,  yesterday,  in  obedience  to  a  precept 


-STATE   PAPERS.  183r 

from  the  Circuit  Court  of  the  United  States,  replevied  a 
vessel  in  this  harbour,  that  after  he  had  so  replevied  the 
vessel,  a  number  of  armed  men,  acting  by  your  order,  and 
under  your  authority,  forcibly  took  from  him  the  vessel, 
and  now  resist  the  execution  of  his  precept.  As  Attorney 
for  the  United  States  within  the  district  of  Massachusetts, 
I  do  demand  of  you  that  you  remove  the  force  and  obstruc- 
tion which  you  oppose  to  the  laws  of  the  United  States* 
I  am,  sir,  your  obedient  servant. 
Mr.  Duplaine,  Vice  Consul. 

IRufus  Greene  Amory,  of  Boston,  in  Massachusetts  District, 
of  lawful  age,  testify  and  say, 

That  on  the  twenty-second  day  of  August  last,  being 
informed  that  the  schooner  Greyhound,  against  which  I  had 
issued  a  writ  of  replevin,  in  favour  of  Messrs.  Brymer  and 
Belcher,  returnable  to  the  next  circuit  court  for  said  dis- 
trict, was  taken  from  colonel  Bradford,  the  deputy  mar- 
shal, by  some  French  people,  I  went  on  board  the  ship  of 
war  called  the  Concord,  commanded  by  captain  Van  Do- 
gen,  to  inquire  if  the  said  schooner  was  under  his  custody 
— the  said  captain  informed  me  that  she  was  under  his 
protection.  I  told  him  that  the  civil  officer,  colonel  Brad- 
ford, as  marshal  of  the  district,  had  gone  on  board  the 
said  schooner  to  replevy  her  under  process  of  law.  That  on 
the  evening  before,  while  the  said  marshal  was  on  board 
said  schooner,  by  virtue  of  his  precept,  some  armed  peo- 
ple went  on  board,  and  against  the  will  of  said  marshal,  had 
brought  said  schooner  near  his  ship,  and  I  asked  him,  if 
the  same  was  done  by  his  authority — the  said  captain  Van 
Dogcn  told  me,  that  some  person  had  complained  to  him 
of  an  attempt  to  carry  the  said  schooner  away  from  het 
anchorage  in  the  night  time,  and  that  to  prevent  the  same* 
he  had  ordered  some  of  his  people  on  board  her,  and  had. 
directed  her  to  be  brought  nearer  to  his  ship — where  she 
then  was — I  asked  him  if  he  would  deliver  the  schooner 
to  the  marshal,  and  he  said  that  he  should  not  withour 
orders  from  the  consul  of  France.  I  asked  him  if  the  said 
schooner  was  in  his  custody  before  the  marshal  had  enter- 
ed on  board  her — he  said  that  he  had  none  of  his  prop!- 
on  board — but  she  came  into  harbour  under  French  eolour> 
as  a  prize,  and  that  the  captain  of  her  had  asked  his  leave 
for  anchoratre.  where,  she  had  come  too.  and.  r>=  being   •- 


184  AMKRICAS 

der  a  French  commission  in  publick  service,  he  had  con- 
sidered the  said  vessel  under  his  protection. 

RUFUS  G.  AMORY. 

September  10th,  Sworn  to,  before 
J.  LOWELL,  Judge  of  the  District  Court  of 
Massachusetts  District. 

I  the  said  Rufus  Greene  Amory  further  testify,  that  said 
Capt.  Van  Dogen  told  me,  that  he  had  complained  to  the 
governour  concerning  the  attempt  to  carry  away  the  said 
schooner  in  the  night  time,  without  his  leave. 

RUFUS  G.  AMORY. 


/  John  Brooks,  Marshal  of  the  District  of  Massachusetts, 
do  testify  and  say, 

That  on  the  twenty-second  day  of  August  last,  being  in 
Boston,  and  finding  that  Col.  Samuel  Bradford,  deputy 
marshal  for  said  district,  in  serving  a  writ  of  replevin  upon 
the  schooner  Greyhound,  had  been  opposed  by  an  armed 
force,  acting  under  the  orders  of  Capt.  Van  Dogen,  com- 
mander of  the  French  frigate  "  La  Concord,"  I  went  on 
board  said  frigate  to  demand  of  the  captain  the  restoration 
of  the  said  schooner.  Upon  my  opening  to  Capt.  Van 
Dogen  the  object  of  my  visit,  (which  was  done  in  the  pre- 
sence of  Mr.  Duplaine,  the  French  consul,  Mr.  Justice 
Cooper  and  Mr.  Thomas  Amory)  he  discovered  considera- 
ble warmth  and  displeasure  at  some  Americans  having 
been  taken  from  on  board  a  French  vessel,  as  well  as  at 
the  attempt  of  Col.  Bradford  to  possess  himself  of  a  vessel 
bearing  the  colours  of  France,  while  under  the  protection 
of  a  ship  of  force  belonging  to  the  French  Republick. 
As  my  object  was  to  demand  of  Capt.  Van  Dogen  restora- 
tion of  the  schooner  aforesaid,  and  to  obtain  from  him  a 
categorical  answer,  I  avoided  as  much  as  possible  the  dis- 
cussion of  any  subject  irrelative  thereto ;  and  at  length 
obtained  from  him  a  declaration,  that  as  he  had  received 
his  orders  from  the  French  consul,  for  doing  what  he  had 
done,  and  as  it  was  his  duty  to  obey  the  consul,  he  could 
not  surrender  the  schooner.  That  he  was  an  officer  and 
must  obey  his  orders.  Immediately  upon  Capt.  Van  Do- 
gen having  made  the  above  mentioned  declaration,  which 
was  done  in  presence  of  the  French  consul,  the  latter  ob- 
served to  me,  that  he  thought  it  a  pity  that  any  difficulty 


STATE  PAPERS.  185 

should  arise  about  the  schooner — that  he  believed,  if  he 
and  myself  were  to  take  our  papers,  we  could  settle  the 
whole  affair  in  a  few  minutes,  and  proposed  that  I  should 
meet  him  on  shore  in  one  hour.  To  this  I  agreed,  and  we 
met  accordingly.  The  result,  after  more  than  an  hour's 
conversation  at  this  interview,  was  a  proposition  for  ano- 
ther the  next  morning  at  8  o'clock.  At  the  time  assigned 
I  again  waited  on  the  consul  at  his  lodgings.  Upon  my 
entering  the  house,  he  informed  me,  that  he  had  come  to  a 
determination  about  the  schooner — that  things  should  re- 
main as  they  then  were — that  he  should  keep  possession 
of  the  schooner — that  I  must  apply  to  the  governour,  and 
that  if  the  governour  did  not  do  something  about  it,  he 
should  advertise  the  schooner  in  the  newspapers,  and  if  in 
six  days  no  body  proved  a  claim  to  her,  he  should  con- 
demn her  to  the  captors,  or  words  to  that  effect. 

I  further  testify,  That,  in  the  conversation  with  Capt.  Van 
Dogen,  he  informed  me,  that  by  the  laws  of  the  French 
Republick,  it  was  the  duty  of  commanders  of  the  ships  of 
the  said  Republick,  when  in  foreign  ports,  where  there 
were  French  consuls,  to  obey  the  orders  of  such  consuls — 
that  the  consuls  were  admirals,  or  had  the  power  of  ad- 
mirals, or  words  to  that  effect.  Capt.  Van  Dogen  said 
this  in  the  presence  of  the  French  consul. 

I  further  testify,  That  Mr.  Duplaine  the  French  consul 
told  me,  it  had  been  his  design  to  withdraw  the  armed 
force  from  the  schooner  Greyhound,  and  intimated  to  me 
that  he  would  give  an  order  to  have  said  force  withdrawn — 
in  which  .case,  he  said,  he  should  protest  against  the 
measures  then  pursuing  by  the  government,  meaning  the 
government  of  the  United  States,  but  that  he,  the  said 
consul,  afterwards  refused  to  withdraw  said  force  as  above 
said.  J.  BROOKS. 

Sworn  to,  September  10th,  1793,  before 

JOHN  LOWELL,  Judge  of  the 
District  Court  of  Massachusetts  District. 

United  States  District  of  Massachusetts,  Sept.  10,  1793. 

Then  Thomas  Amory,  jun.  Rufus  Greene  Amory,  Na- 
thaniel Byfield  Lyde  and  John  Brooks,  Esquire,  made 
oath  to  the  truth  of  the  annexed  depositions,  by  them 
respectively  subscribed,  in  the  presence  of  Antoine  Char- 
bonnet  Duplaine,  and  declared.  tha$  they  did  not  recollect: 
vol.  i.  24 


186  AMERICAN 

any  other  material  circumstance  relative  to  the  matter  in 
inquiry  ;  and  the  annexed  deposition  of  Samuel  Bradford 
is  transcript  of  his  deposition  taken  under  like  circum- 
stances.    Before 

JOHN  LOWELL,  Judge  of  the 
District  Court  of  Massachusetts  District. 


/  Nathaniel  By  field  Lyde,  of  lawful  age,  testify  and  say. 

That  on  the  evening  of  the  twenty-first  of  August  in- 
stant, at  the  request  of  Samuel  Bradford,  Esq.  marshal  of 
Massachusetts  district,  I  went  with  him  on  board  the 
schooner  Greyhound,  lying  off  the  end  of  Long-wharf  in 
the  harbour  of  Boston.  The  said  Bradford  went  on  board 
of  said  schooner,  as  I  understood,  to  serve  a  writ  of 
replevin  against  the  said  schooner,  which  issued  from  a 
circuit  court  of  said  district,  in  behalf  of  Messrs.  Brymer 
and  Belcher,  of  Halifax,  Nova-Scotia,  merchants  ;  said 
Bradford  wanted  my  assistance  in  the  service  of  said  writ 
— we  got  on  board  just  after  nine  o'clock,  and  saw  one 
person  on  board,  who  appeared  to  be  a  Frenchman — Col. 
Bradford  made  known  to  him,  he  had  a  process  against 
the  said  vessel  and  inquired  for  the  master — The  said 
Frenchmen  hailed  a  vessel  which  appeared  to  be  a  priva- 
teer, and  a  person  came  on  board,  who  said,  that  he  was 
prize-master  of  said  schooner — Mr.  Bradford  then  made 
known  to  him  that  he  had  a  precept  or  writ  of  replevin,, 
and  by  virtue  of  that  he  had  taken  possession  of  the  schoo- 
ner— The  prize-master  then  requested  that  he  -might  call 
for  Mr.  Jutau,  who  was  said  to  be  on  board  the  frigate 
Concorde,  soon  after  which  Mr.  Jutau  came  on  board  with 
some  other  persons,  the  said  marshal  then  made  known  to 
Mr.  Jutau  the  purpose  and  authority  by  which  he  had  come 
on  board,  said  Jutau  explained  the  same  to  those  per- 
sons on  board  said  schooner — Mr.  Jutau  soon  after  went 
on  board  the  frigate  ;  an  officer  and  about  twelve  men 
came  on  board  the  schooner,  from  the  frigate,  all  armed — 
The  said  officer  soon  after,  ordered  the  schooner  to  be  re- 
moved near  to  the  frigate — The  marshal  told  said  officer 
his  authority  by  which  he  had  taken  possession,  and  for- 
bad him  to  move  the  said  schooner,  this  removal  was 
between  ten  and  eleven  o'clock  the  same  evening,  shortly 
afterwards  the  French  consul  with  Mr.  Jutau  came  on 
board — The  marshal  then  informed  them  by  what  authori- 


STATE  PAPERS.  187 

ty  he  came  on  board,  and  had  taken  possession  of  the 
schooner — The  consul  then  informed  the  marshal,  that  he 
should  keep  possession  of  the  schooner — the  marshal  then 
told  the  said  consul,  he  would  not  quit  the  schooner — the 
said  schooner  for  one  or  two  days  remained  in  possession 
of  the  officer  and  armed  men,  contrary  to  the  orders  and 
will  of  the  said  marshal,  but  the-  marshal  remained  on 
board  of  said  schooner — I  was  also  on  board  the  frigate 
in  the  morning  of  the  22d  August,  with  Mr.  Amory,  attor- 
ney to  and  on  the  part  of  Messrs.  Brymer  and  Belcher, 
when  the  captain  informed  said  Amory,  he  should  protect 
and  retain  said  schooner  under  his  protection  notwith- 
standing the  authority  and  doings  of  said  marshal,  as  men- 
tioned to  him  by  Mr.  Amory,  who  related  the  same  to  him. 

NATHL.  BYD.  LYDE. 

Sworn  to,  September  10th,  1793,  before 

JOHN  LOWELL,  Judge  of  the 
District  Court  of  Massachusetts  District. 


/  Samuel  Bradford,  Deputy  Marshal  of  the    District  of 
Massachusetts,   do  testify  and  say, 

That  on  Wednesday,  the  twenty-first  day  of  August,  at 
about  seven  of  the  clock,  p.  m.  I  was  possessed  of  a  writ, 
Brymer  and  Belcher,  plaintiffs,  in  replevin,  vs.  Laumosne, 
commanding  me  to  replevy  the  schooner  called  the  Grey- 
hound ;  that  I  immediately  proceeded  to  serve  the  said 
process,  and  was  accompanied  on  board  the  said  schooner, 
then  lying  in  the  harbour  of  Boston,  by  captains  Lyde  and 
Hayman. — Wre  found  only  one  man  on  board  ;  I  inquired 
for  Mr.  Laumosne,  the  prize-master — The  Frenchman 
hailed  the  privateer  Rowland,  and,  at  my  request,  informed 
the  people  on  board  said  privateer,  that  an  American  had 
business  with  Mr.  Laumosne — The  said  Laumosne  came 
on  board,  attended  by  the  captain  of  the  privateer — I  read 
the  precept  to  the  prize-master,  and  explained  to  him  the 
nature  of  the  process,  and  observed,  that  a  bond  was  given 
to  support  any  damages  that  might  arise  from  my  taking 
possession  of  the  schooner — 1  added,  that  I  was  then  in 
possession  of  the  schooner,  and  that,  at  a  proper  time,  I 
should  remove  said  vessel  to  the  wharf — The  prize-master 
observed,  that  Mr.  Jutauwas  then  doing  business  on  board 
ibe  frigate  La  Concorde,  and  that  he  should  send  for  him 


188  AMERICAN" 

— to  which  I  consented — soon  after,  Mr.  Jutau  came  on 
board  the  schooner — I  then  informed  him  of  the  process  that 
I  had  against  the  said  schooner — read  to  him  the  writ — and 
observed,  that  I  should  remove  the  vessel  as  above  stated. 
— Mr.  Jutau  said,  that  I  had  no  right  or  authority  to  serve 
any  writ  after  dark — That  the  vessel  belonged  to  the 
Republick  of  France,  and  could  not  be  attached — and 
that  she  was  under  the  protection  of  the  French  Repub- 
lick— and  he  made  many  other  observations  to  the  same 
effect. — I  replied,  that,  as  an  officer  of  the  government  of 
the  United  States,  I  should  pursue  strictly  the  line  of  my 
duty. — Mr.  Jutau  left  the  schooner,  and  told  the  prize- 
master  to  remain  on  board  ;  after  he  was  in  the  boat,  to 
return  to  the  frigate,  I  requested  him  to  inform  Mr.  Lau- 
mosne,  that  after  the  schooner  was  hauled  to  the  wharf,  1 
should  require  him  to  go  on  shore. — Mr.  Jutau  replied,  that 
I  might  inform  the  prize-master  myself,  and  that  I  must 
force  him  from  the  vessel. — In  about  half  an  hour  after  Mr. 
Jutau's  departure  on  board  the  frigate,  an  officer  came 
from  thence  on  board  the  schooner,  he  was  a  lieutenant, 
and  I  beard  him  inform  the  prize'-master,  that  I  should 
not  remove  the  vessel. — In  about  an  hour  after  this,  a  body 
of  about  twelve  armed  men  (marines)  came  on  board 
the  schooner,  from  the  frigate — The  lieutenant  read  a 
paper,  which  I  suppose  were  orders. — At  about  half  past 
eleven  o'clock,  I  addressed  the  lieutenant,  and  after 
observing  to  him,  that  he  appeared  interested  in  the  busi- 
ness in  which  I  was  engaged,  I  assured  him,  that  my  writ 
was  against  Mr.  Laumosne,  and  that  I  had  nothing  to  say 
to  him  (the  lieutenant)  relative  thereto,  and  I  added,  that 
I  had  taken  possession  of  the  schooner  by  virtue  of  my 
office,  as  deputy  marshal,  and  that  I  should  proceed  to 
remove  her. — He  replied,  that  he  should  obey  the  or- 
ders that  he  had  received  from  his  captain,  which  was,  • 
to  remove  the  said  schooner  near  to  the  frigate. — The 
lieutenant  then  ordered  the  vessel  to  be  removed,  and 
we  were  hauled  between  the  frigate  and  privateer  Row- 
land. I  told  the  lieutenant,  that  what  he  did,  he  musl 
answer  for,  and  I  forbad  him,  at  his  peril,  to  remove 
the  said  schooner.  I  asked  the  said  lieutenant,  if  he  had 
brought  the  armed  force  to  prevent  my  removing  the 
schooner;  he  replied  in  the  affirmative.  Finding  myself 
opposed  in  the  progress  of  serving  my  precept,  by  an 
aimed  force,  I  dismissed  the  men  who  were  on  board 


STATE    PAPERS.  189 

to  give  me  aid  in  c'onducting  the  schooner  to  the  wharf: 
some  time  after,  the  lieutenant  retired  from  the  schooner, 
and  took  off  his  men,  excepting  a  corporal  and  four, 
whom,  he  observed,  he  should  leave  on  hoard,  to  take 
care  of  said  schooner.  At  about  twelve  o'clock,  a.  m. 
Mr.  consul  Duplaine,  Mr.  Jutau  the  chancellor,  and  Mr. 
Nancrede,  in  going  on  shore  from  the  frigate,  came  on 
board  the  schooner. — We  conversed  on  the  subject — I 
went  over  the  business  again,  and  told  Mr.  Duplaine, 
that  I  was  opposed  by  an  armed  force ;  but  that  I  should 
not  quit  the  vessel.  The  consul  said,  that  he  should 
keep  possession ;  but  added,  that  if  I  went  on  shore,  I 
might  return  on  board  in  the  morning,  and  that  the  ves-> 
sel  would  remain  in  the  same  situation.  From  the  con- 
versation between  Mr.  Duplaine,  Mr.  Jutau,  the  lieu- 
tenant of  the  frigate,  the  prize-master,  and  myself,  I  had 
no  doubt,  but  that  the  captain  of  the  frigate  acted  under 
the  orders  of  Mr.  Duplaine.  A  guard  was  regularly 
maintained  on  board  the  schooner,  from  Wednesday 
night  till  about  twelve  o'clock,  p.  m.  on  Saturday,  the 
24th,  when  a  boat  from  the  frigate,  took  from  the  schoo- 
ner the  guard — The  corporal,  previous  to  his  quitting, 
hailed  the  shore,  or  the  privateer  Rowland,  and  a  French- 
man came  on  board  the  schooner,  after  which  the  guard 
retired;  soon  after,  the  frigate  being  then  under  way, 
and  having  procured  assistance  from  the  town,  I  directed 
the  people  to  weigh  the  anchors  of  the  schooner,  and 
conduct  me  to  the  wharf,  where  I  arrived  at  one  o'clock 
— having  legally  executed  my  precept. 

I  soon  after  saw  the  consul,  who  said,  "  Then,  sir,  you 
have  quitted  the  vessel — You  have  then  left  her  I  sup- 
pose." To  which  I  replied,  that  I  had  left  her  at  the 
wharf,  had  executed  my  precept,  and  that  I  should  take 
proper  care  of  the  said  schooner — The  consul  appeared 
surprised.  SAMUEL  BRADFORD. 

Boston,  Sept.  10,  1793. 

Sworn  to,  Sept.  10,  1 793,  before        J.  1,0 WELL, 

Judge  of  the  District  of  Massachusetts. 

George  Washington-,  President  of  ihc  United  States  of 
America,  to  all  whom  it  7iiay  concern. 

The  sicur  Antoine  Charbonnet  Duplaine,  heretofore 
having  produced    to   me  his  commission  as  vice  consul 


190  AMERICAN 

for  the  Republick  of  France,  within  the  states  of  New 
Hampshire,  Massachusetts  and  Rhode  Island,  and  hav- 
ing thereon  received  from  me  an  exequatur,  bearing 
date  the  fifth  day  of  June,  1793,  recognising  him  as 
such,  and  declaring  him  free  to  exercise  and  enjoy  such 
functions,  powers  and  privileges,  as  are  allowed  to  vice 
consuls  of  the  French  Republick,  by  the  laws,  treaties, 
and  conventions  in  that  case  made  and  provided,  and 
the  said  sieur  Duplaine,  having,  under  colour  of  his  said 
office,  committed  sundry  encroachments,  and  infractions 
on  the  laws  of  the  land,  and  particularly,  having  caused 
a  vessel  to  be  rescued,  with  an  armed  force,  out  of  the 
custody  of  an  officer  of  justice,  who  had  arrested  the 
same  by  process  from  his  court;  and  it  being  therefore 
no  longer  fit,  nor  consistent  with  the  respect  and  obedi- 
ence due  to  the  laws,  that  the  said  sieur  Duplaine  should 
be  permitted  to  continue  in  the  exercise  and  enjoyment 
of  the  said  functions,  privileges  and  powers  :  these  are 
therefore  to  declare,  that  I  do  no  longer  recognise  the 
said  Antoine  Charbonnet  Duplaine,  as  vice  consul  of  the 
Republick  of  France,  in  any  part  of  these  United 
States,  nor  permit  him  to  exercise  or  enjoy  any  of  the 
functions,  powers  or  privileges,  allowed  to  the  vice 
consuls  of  that  nation ;  and  that  I  do  hereby  wholly  revoke 
and  annul  the  said  exequatur  heretofore  given,  and  do 
declare  the  same  to  be  absolutely  null  and  void,  from 
this  day  forward. 

In  testimony  whereof,  I  have  caused  these  letters  to 

be  made  patent,  and  the  seal  of  the  United  States 

of  America  to  be  hereunto  affixed. 

Given  under  my  hand  this  day  of  in 

the  year  of  cur  Lord,  1 793,  and  of  the  indepen- 
dence of  the  United  States  of  America,  the 
eighteenth.         GEORGE  WASHINGTON. 

By  the  President, 

TH:  JEFFERSON. 

Mr.  Jefferson,  Secretary  of  Slate,  to  the  Minister  Plenipoten- 
tiary of  France.  Monticello,  in  Virginia,  Oct.  3,  1193. 

Sir, — In  a  former  letter  which  I  had  the  honour  of 
writing  you,  I  mentioned  that  information  had  been  re- 
ceived, that  Mr.  Duplaine,  vice  consul  of  France,  at 
Boston,  had  been  charged  with  an  opposition  to  the  laws 


STATE  PAPERS.  191 

of  the  land,  of  such  a  character,  as,  if  true,  would  render  it 
the  duty  of  the  President  immediately  to  revoke  the  exe- 
quatur, whereby  he  was  permitted  to  exercise  the  func- 
tions of  vice  consul  in  these  United  States.  The  fact  has 
been  since  inquired  into,  and  I  now  enclose  you  copies  of 
the  evidence  establishing  it,  whereby  you  will  perceive, 
how  inconsistent  with  peace  and  order  it  would  be  to  per- 
mit any  longer  the  exercise  of  functions  in  these  United 
States  by  a  person  capable  of  mistaking  their  legitimate 
extent,  so  far,  as  to  oppose,  by  force  of  arms,  the  course 
of  the  laws  within  the  body  of  the  country.  The  wisdom 
and  justice  of  the  government  of  France,  and  their  sense 
of  the  necessity,  in  every  government,  of  preserving  the 
course  of  the  laws  free  and  unobstructed,  render  us  confi- 
dent, that  they  will  approve  this  necessary  arrestation 
of  the  proceedings  of  one  of  their  agents ;  as  we  would 
certainly  do  in  the  like  case,  were  any  consul  or  vice  con- 
sul of  ours  to  oppose,  with  an  armed  force,  the  course  of 
their  laws  widiin  their  own  limits.  Still,  however  indis- 
pensable as  this  act  has  been,  it  is  with  the  most  lively 
concern  the  President  has  seen,  that  the  evil  could  not  be 
arrested  otherwise  than  by  an  appeal  to-  the  authority  of 
the  country.     I  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Morris,  Minis- 
ter Plenipotentiary  of  the  United  States,  to  France. 
Oct.  3,   1793. 

Dear  Sir, — Mr.  Duplaine,  vice  consul  of  France  at 
Boston,  having,  by  an  armed  force,  opposed  the  course  of 
the  laws  of  this  country,  within  the  same,  by  rescuing,  out 
of  the  hands  of  an  officer  of  justice,  a  vessel  which  he  had 
arrested  by  authority  of  a  precept  from  his  court,  the 
President  has  thought  it  necessary  to  revoke  the  exequa- 
tur, by  which  he  had  permitted  him  to  exercise  his  func- 
tions here.  I  enclose  you  copies  of  the  act  and  of  the  evi- 
dence on  which  it  has  been  founded  ;  as  also  of  the  letters, 
written  to  him  and  Mr.  Genet,  and  you  are  desired  to 
communicate  the  same  to  the  government  of  France,  and 
to  express  fo  them  the  very  great  concern,  with  which  the. 
President  has  seen  himself  obliged  to  take  a  measure  with 
one  of  their  agents,  so  little  it)  unison  with  the  sentiments 
of  friendship  we  Lear  tn  their  nation,  and  to  (he  respect 


-192  AMERICAN 

we  entertain  for  their  authority.  But  conscious  we  should 
deem  it  an  act  of  friendship  in  them,  to  do  the  like  in  the 
like  case,  and  to  prove  their  confidence  in  our  justice  and 
friendship,  by  instantaneously  disabling  from  a  repetition 
of  the  act,  any  consul  or  vice  consul  of  ours,  who  should 
once  have  been  guilty  of  such  an  aggression  on  their  au- 
thority, we  rely  on  the  same  friendly  construction,  oa 
their  part,  of  the  disagreeable  measure  now  forced  on  us. 
I  have  the  honour  to  be,  &c.         TH  :  JEFFERSON. 


Mr,  Jefferson,  Secretary  of  State,  to  the  Minister  Pleni- 
potentiary  of  France,     Germanlown,  Nov.   5,   1793. 

Sir, — I  have  the  honour  to  enclose  you  the  copy  of  a 
letter  from  Mr.  Moissonier,  consul  of  France,  at  Baltimore, 
to  the  governour  of  Maryland,  announcing  that  Great 
Britain  is  about  to  commence  hostilities  against  us,  and 
that  he  purposes  to  collect  the  naval  force  of  your  Repub- 
lick  in  the  Chesapeake,  and  to  post  them  as  a  vanguard 
to  derange  the  supposed  designs  of  the  enemy. 

The  bare  suggestion  of  such  a  fact,  however  improbable, 
renders  it  a  duty  to  inquire  into  it,  and  I  shall  consider  it  as 
a  proof  of  your  friendship  to  our  nation,  if  you  have  it  in 
your  power,  and  will  be  pleased  to  communicate  to  me 
the  grounds  of  Mr.  Moissonier's  assertion,  or  any  other 
respectable  evidence  of  such  an  intention,  on  the  part  of 
Great  Britain. 

In  the  mean  while,  as  we  have  reason  to  believe  it  un- 
founded, as  they  have  in  no  instance,  as  yet,  violated  the 
sovereignty  of  our  country,  by  any  commitment  of  hostili- 
ties, even  on  their  enemies  within  our  jurisdiction,  we 
presume  with  confidence  that  Mr.  Moissonier's  fears  are 
groundless.  I  have  it,  therefore,  in  charge  to  desire  you 
to  admonish  Mr.  Moissonier  against  the  parade  he  pro- 
poses, of  stationing  an  advanced  guard  in  the  bay  of  Chesa- 
peake, and  against  any  hostile  array,  which,  under  the 
profession  of  defensive  operations,  may  in  fact  generate 
those  offensive.  I  flatter  myself,  sir,  that  you  will  be  so 
good  as  to  join  the  effect  of  your  authority  to  that  of  our 
government,  to  prevent  measures  on  the  part  of  this  agent 
of  your  Republick,  which  may  bring  on  disagreeable  con- 
sequences.    I  have  the  honour  to  be,  &c. 

TH :  JEFFERSON. 


STATE  PAPERS'.  133 

Citizen  Moissonier  to  General  Lee,  Governour  of  the  State 
of  Maryland.  Baltimore,  October  23,  2d  year  of  the 
French  Republick. 

The  liberticide  system,  which  directs  the  European  cabi- 
nets, is  going  to  manifest  itself  towards  the  United  States. 
England,  that  power  to  which  they  have  been  so  complai- 
sant, is  getting  ready  to  fall  upon  them.  The  prepara- 
tives are  made,  and  I  see,  with  pain,  that  no  dispositions 
whatever  are  made  to  oppose  any  resistance  to  them. 

The  indifference  of  this  state  cannot  exist  as  to  our  inte- 
rests.— This  bay  contains  the  riches  of  our  commerce  of 
St.  Domingo,  and  the  only  hope  of  the  French  nation. 
We  shall  become  infallibly  the  first  victims  of  this  care- 
lesness,  if  I  am  not  able  to  obtain  from  you,  sir,  that  the 
forts  which  defend  the  entrance  of  the  Chesapeake  be  put. 
into  condition.  v 

In  the  mean  while,  and  in  pursuance  of  the  orders  of 
the  minister,  I  am  going  to  collect  all  the  maritime  forces 
which  the  Republick  has  in  this  bay,  to  form  a  vanguard, 
sufficiently  formidable,  and  to  derange,  if  it  be  possible, 
the  projects  of  our  common  enemies.  I  have  the  honour 
to  be.  &c.  F.  MOISSONIER. 


TRANSLATION. 

The  Minister  of  the  French  Republick  zcitk  the  United 
States,  to  Mr.  Jefferson,  Secretary  of  State  of  the  Unit- 
ed States.  Ne7o  York,  Nov.  15,  1793,  2d  year  of  the 
Republick  of  France. 

Sir, — I  have  received  the  letter  which  you  have  done 
me  the  honour  to  write  to  me  the  5th  November. 

The  citizen  Moissonier  has  given  to  my  instructions  a 
sense  more  determinate  than  I  had  intended.  I  did  not 
write  him  that  England  was  immediately  going  to  fall  on 
\ou;  but  knowing  by  your  history,  by  our  own,  and  by 
atill  more  particular  information,  all  the  hatred  with  which 
thai  government  honours  your  and  our  principles,  know- 
ing the  secret  treaties  which  unite  the  courts  leagued 
against  free  people,  confident  that  our  success  can  alone 
suppress  the  projects  of  vengeance,  which  are  perpetually 
nourished  in  the  breast  of  your  ancient  tyrant,  seeing  that 
-some  reverses  afterwards  effaced,  might  excite  him  to  ac- 
voj..  i-.  25 


194-  AMERICAN- 

celerate  the  execution  of  his  designs,  I  prescribed  to  this 
vice  consul,  a 

1st.  To  concert  with  the  commander  of  our  ^aVal  forces 
in  the  Chesapeake,  to  have  collected  at  BaltimorVall  the 
commercial  vessels  which  may  be  in  the  open  anckunsafe  / 
road  of  Norfolk.  \     / 

2d.  To  have  the  armed  vessels  anchored,  according^fo 
Custom,  in  the  advanced  guard  of  the  convoy. 

3d.  To  establish  a  severe  police  in  the  road  for  the 
purpose  of  preventing  disorder,  and  protecting  our  pro- 
perty from  incendiary  enterprises,  sufficiently  familiar  to 
our  common  enemy. 

4th.  To  sound  the  local  government  of  Maryland,  to 
know  whether  the  forts  which  form  a  part  of  the  defence 
of  Baltimore  could  not  be  repaired. 

Citizen  Moissonicr,  animated  by  a  very  pure  patriotism, 
has  doubtless  mixed  a  little  warmth  in  this  latter  step ;  but 
I  do  not  see,  sir,  that  he  has  merited  the  admonition  you 
mention,  and  that  the  measures  taken  for  the  security  of 
the  road  can  compromit,  in  any  manner,  the  peace  of  the 
United  States.  God  grant  that  you  may  long  enjoy,  with 
honour,  that  peace  so  pleasant  and  happy.  It  is  the  very 
sincere  wish  of  your  friends  ;  it  is  mine  ;  but  I  shall  not 
now  dissemble  more  than  I  have  hitherto  done,  that  it  is 
not  the  most  certain  object  of  my  hopes.  Before  having 
the  happiness  of  serving  a  free  people,  I  was  employed 
by  a  court,  and  I  resided  at  several  others.  I  have  been 
seven  years  a  head  of  the  bureau  at  Versailles,  under  the 
direction  of  Vergennes.  I  have  passed  one  year  at  Lon- 
don, two  at  Vienna,  one  at  Berlin,  five  in  Russia,  and  I 
am  too  well  initated  in  the  mysteries  of  these  cabinets,  not 
to  tremble  at  the  fate  which  menaces  America  ;  if  the  cause 
of  liberty  should  not  triumph,  every  where,  for  every 
where  where  there  is  a  throne,  I  warrant  that  you  have  an 
enemy.  All  the  princes  look  upon  you  as  our  teachers  \ 
almost  all  consider  you  as  rebels,  who  must  sooner  or  later 
be  chastised ;  almost  all  have  sworn  your  ruin  as  well  as 
ours,  and  be  assured  that  George  in.  has  not  entered  into 
their  league,  but  on  this  condition.  Your  expedients^ 
your  managements  will  not  change  this  system,  and  if  the 
ministers  who  reside  with  you  hold  a  different  language,  ft 
is  only  the  better  to  deceive  you.  They  triumph -at  the 
security  into  which  they  have  plunged  you,  at  the  very 
moment  when  their  courts  are  insulting  you  in  every  quar- 


STATE    PAPERS.  1%* 

ter,  except  on  your  coasts,  where  they  know  we  have 
forces  ;  but  their  tone  will  change  whilst  ours  shall  remain 
invariably  the  same,  true  and  sincere.  Accept  my  respect. 

GENET. 


Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister  of 
France.     Germantozon,  Nov.  8,  1793. 

Sir, — I  have  now  to  acknowledge  and  answer  your  let- 
ter of  September  1 3,  wherein  you  desire  that  we  may  de- 
fine the  extent  of  the  line  of  territorial  protection  on  the 
coasts  of  the  United  States,  observing  that  governments 
and  jurisconsults  have  different  views  on  this  subject. 

It  is  certain  that,  heretofore,  they  have  been  much  di- 
vided in  opinion  as  to  the  distance  from  their  sea  coasts 
to  which  they  might  reasonably  claim  a  right  of  prohibit- 
ing the  commitment  of  hostilities.  The  greatest  distance, 
to  which  any  respectable  assent  among  nations  has  been 
at  any  time  given,  has  been  the  extent  of  the  human  sight, 
estimated  at  upwards  of  20  miles,  and  the  smallest  dis- 
tance, I  believe,  claimed  by  any  nation  whatever,  is  the 
utmost  range  of  a  cannon  ball,  usually  stated  at  one  sea- 
league.  Some  intermediate  distances  have  also  been  in- 
sisted on,  and  that  of  three  sea-leagues  has  some  authority 
in  its  favour.  The  character  of  our  coast,  remarkable  in 
considerable  parts  of  it  for  admitting  no  vessels  of  size  to 
pass  near  the  shores,  would  entitle  us,  in  reason,  to  as 
broad  a  margin  of  protected  navigation,  as  any  nation 
whatever.  Not  proposing,  however,  at  this  time,  and  with- 
out a  respectful  and  friendly  communication,  with  the  pow- 
ers interested  in  this  navigation,  to  fix  on  the  distance  to 
which  we  may  ultimately  insist  on  the  right  of  protection, 
the  President  gives  instructions  to  the  officers,  acting  un- 
der his  authority,  to  consider  those  heretofore  given  them 
as  restrained  for  the  present  to  the  distance  of  one  sea- 
league,  or  three  geographical  miles  from  the  sea  shores. 
This  distance  can  admit  of  no  opposition,  as  it  is  recog- 
nised by  treaties  between  some  of  the  powers  with  whom 
we  are  connected  in  commerce  and  navigation,  and  is  as 
little  or  less  than  is  claimed  by  any  of  them  on  their  own 
coasts. 

Future  occasions  will  be  taken  to  enter  into  explana- 
tions with  them,  as  to  the  ulterior  extent  to  which  we  may 
reasonably  carry  our  jurisdiction.     For  that  of  the  rivers 


X9G  AMERICAN 

and  bays  of  the  United  States  the  laws  of  the  several 
states  are  understood  to  have  made  provision,  and  they 
are,  moreover,  as  being  landlocked,  within  the  body  of 
the  United  States. 

Examining,  by  this  rule,  the  case  of  the  British  brig 
Fanny,  taken  on  the  8th  of  May  last,  it  appears  from  the 
evidence,  that  the  capture  was  made  four  or  five  miles 
from  the  land,  and  consequently  without  the  line  provi- 
sionally adopted  by  the  President,  as  before  mentioned. 

I  have  the  honour  to  be,  &c.     TH  :   JEFFERSON. 

Mr.  Jefferson,  Secretary  of  Stale,  to  the  Minister  Plenipoten- 
tiary from  the  Republick  of  France  to  the  United  States. 
Germantown,  Nov.  10,  1793. 

Sir, — As  in  cases  Avhere  vessels  are  reclaimed  by  the 
subjects  or  citizens  of  the  belligerent  powers,  as  having 
been  taken  within  the  jurisdiction  of  the  United  States,  it 
becomes  necessary  to  ascertain  that  fact,  by  testimony 
taken  according  to  the  laws  of  the  United  States,  the  gover- 
nours  of  the  several  states,  to  whom  the  applications  will 
be  made  in  the  first  instance,  are  desired  immediately  to 
notify  thereof  the  attorneys  of  their  respective  districts. 
The  attorney  is  thereupon  instructed  to  give  notice  to  the 
principal  agent  of  both  parties,  who  may  have  come  in 
Avith  the  prize,  and  also  to  the  consuls  of  the  nations  in- 
terested, and  to  recommend  to  them  to  appoint,  by  mutual 
consent,  arbiters  to  decide  whether  the  capture  were  made 
within  the  jurisdiction  of  the  United  States,  as  stated  to 
you  in  my  letter  of  the  8th  instant,  according  to  whose 
award  the  governour  may  proceed  to  deliver  the  vessel 
to  the  one  or  the  other  party.  But  in  case  the  parties, 
or  consul  shall  not  agree  to  name  arbiters,  then  the  attor- 
ney, or  some  person  substituted  by  him,  is  to  notify  them 
of  the  time  and  place,  when  and  where  he  will  be,  in  order 
to  take  the  depositions  of  such  witnesses  as  they  may  cause 
to  come  before  him,  which  depositions  he  is  to  transmit 
for  the  information  and  decision  of  the  President. 

It  has  been  thought  best  to  put  this  business  into  such  a 
train,  as  that  the  examination  of  the  fact  may  take  place 
immediately,  and  before  the  witnesses  may  have  again 
departed  from  the  United  States,  which  would  too  fre- 
quently happen,  and  especially  in  the  distant  states  ;  if  it 
should  be  deferred  till  information  is  sent  to  the  Execu- 
tive, and  a  special  order  awaited  to  take  the  depositions. 


STATB  PAPERS.  197 

1  lake  the  liberty  of  requesting  that  you  will  be  pleased 
co  give  such  instructions  to  the  consuls  of  your  nation,  as 
may  facilitate  the  object  of  this  regulation.  I  urge  it  with 
the  more  earnestness,  because,  as  the  attorneys  of  the  dis- 
tricts are  for  the  most  part  engaged  in  much  business  of 
their  own,  they  will  rarely  be  able  to  attend  more  than  one 
appointment,  and  consequently,  the  party  who  should  fail, 
from  negligence  or  other  motives,  to  produce  his  witnesses 
at  the  time  and  place  appointed,  might  lose  the  benefit  of 
their  testimony  altogether.  This  prompt  procedure  is  the 
more  to  be  insisted  on,  as  it  will  enable  the  President,  by 
an  immediate  delivery  of  the  vessel  and  cargo  to  the  par- 
ty having  title,  to  prevent  the  injuries  consequent  on  long 
delay.     I  have  the  honour  to  be,  &c. 

TH:   JEFFERSON. 


TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  from  the  Repub* 
lick  of  France  to  the  United  States,  to  Mr.  Jefferson, 
Secretary  of  State  of  the  United  States.  New  York,  JVbr. 
14,  1793,  2d  year  of  the  French  Republick. 

Sir, — I  have  received  the  exequatur  of  citizen  Danne- 
ry's  commission  as  consul,  and  immediately  transmitted  it 
to  that  publick  officer. 

I  shall  present  to  the  executive  council  of  the  Republick, 
Mr,  the  judicious  reflections  which  you  have  made  on  the 
attribution  of  the  consular  functions,  which  are,  in  fact% 
reduced  by  the  commissions  of  our  consuls  to  the  limits  of 
the  cities  of  their  residence  ;  which,  certainly,  is  not  the 
intention  of  the  council.  I  shall  also  lay  before  them  the 
observation  you  have  made  relatively  to  the  address  of  our 
consular  commissions ;  and  they,  in  their  wisdom,  will 
adopt  the  alterations  of  which  this  matter  appears  suscep- 
tible, agreeably  to  the  text,  spirit,  and  basis  of  your  con- 
stitution. However,  as  it  is  not  explicit  in  this  respect, 
and  as  the  functions  attributed  to  the  President  of  the  Unit- 
ed States,  relatively  to  the  reception  of  foreign  ministers, 
appear  to  be  only  those  which  are  fulfilled  in  courts  by  the 
first  ministers,  for  their  pretended  sovereigns,  to  verify 
purely  and  simply  the  powers  of  foreign  agents  accredited 
to  their  masters,  and  irrevocable  by  them  when  once  they 
have  bern  admitted,  I  should  be  glad,  sir,  in  order  the  bet- 


198  AMERICAN 

ter  to  fix  the  ideas  of  the  French  council  on  this  interest- 
ing question,  that  you  would  have  the  goodness  to  enlighten 
it  with  your  knowledge,  and  that  of  your  learned  col- 
leagues, which  I  shall  faithfully  transmit  to  my  superiors. 
Accept  my  respect,    '  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Citizen  Genet,  Minister- 
Plenipotentiary  from  the  Republick  of  France  to  the  Unit- 
ed States.     Germantown,  Nov.  22,  1793. 

Sir, — In  my  letter  of  October  2,  I  took  the  liberty  of 
noticing  to  you,  that  the  commission  of  consul  to  M.  Dan- 
nery  ought  to  have  been  addressed  to  the  President  of  the 
United  States  ;  he  being  the  only  channel  of  communica- 
tion between  this  country  and  foreign  nations,  it  is  from 
him  alone  that  foreign  nations  or  their  agents  are  to  learn 
what  is  or  has  been  the  will  of  the  nation,  and  whatever 
he  communicates  as  such,  they  have  a  right,  and  are  bound 
to  consider  as  the  expression  of  the  nation,  and  no  foreign 
agent  can  be  allowed  to  question  it,  to  interpose  between 
him  and  any  other  branch  of  government,  under  the  pre- 
text of  either's  transgressing  their  functions,  nor  to  make 
himself  the  umpire  and  final  judge  between  them.  I  am, 
therefore,  sir,  not  authorized  to  enter  into  any  discussions 
with  you  on  the  meaning  of  our  constitution  in  any  part  of 
it,  or  to  prove  to  you,  that  it  has  ascribed  to  him  alone  the 
admission  or  interdiction  of  foreign  agents.  I  inform  you 
of  the  fact  by  authority  from  the  President.  I  had  ob- 
served to  you  that  we  were  persuaded,  that  in  the  case  of 
the  consul  Dannery,  the  errour  in  the  address  had  pro- 
ceeded from  no  intention  in  the  executive  council  of  France 
to  question  the  functions  of  the  President,  and  therefore 
no  difficulty  was  made  in  issuing  the  commission.  We 
are  still  under  the  same  persuasion.  But  in  your  letter  of 
the  14th  instant,  you  personally  question  the  authority  of 
the  President,  and  in  consequence  of  that  have  not  ad- 
dressed to  him  the  commissions  of  Messrs.  Pennevert  and 
Chervi,  making  a  point  of  this  formality  on  your  part ;  it 
becomes  necessary  to  make  a  point  of  it  on  ours  also ;  and 
I  am  therefore  charged  to  return  you  those  commissions, 
and  to  inform  you  that,  bound  to  enforce  respect  to  the 
order  of  things  established  by  our  constitution,  the  Presi- 
dent will  issue  no  exequatur  to  any  consul  or  vice  consul, 
not  directed  to  him  in  the  usual  form,  after  the  party,  from 


STATE  PAPER*.  199 

whom  it  comes,  has  been  apprized  that  such  should  be  the 
address.     I  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 

TRANSLATION. 

The  Citizen,  Genet,  Minister  Plenipotentiary  from  the  Re- 
publick  of  France  to  the  United  States,  to  Mr.  Jefferson, 
Secretary  of  State  of  the  United  States.  Nezo  York,  Sept. 
14,  1793,  *2d  year  of  the  French  Repuhlick. 

Sir, — The  multiplied  business,  with  which  I  have  been 
loaded  since  my  stay  here,  has  not  hitherto  permitted  me 
to  acknowledge  the  receipt  of  your  letter  to  me  of  the 
5th  of  August;  it  came  duly  to  hand,  and,  as  the  decisions 
it  contains  are  only  the  consequence  of  those  on  which  I 
have  already  made  the  strongest  and  the  best  founded  re- 
presentations, I  have  thought  that  I  should  leave  the  care 
of  executing  them  to  the  federal  government,  because  it  is 
not  my  business,  in  any  manner,  to  give  the  consuls  of  the 
Republick  orders  contrary  to  the  sense  of  our  treaties,  to 
prescribe  to  them  not  to  conform,  relative  to  the  armaments 
and  prizes  made  by  our  vessels,  to  the  instructions  given 
them  by  authority  superior  to  mine,  and  to  enjoin  on  them 
to  suspend  the  effect  of  the  commissions  that  our  privateers 
hold  from  the  executive  council,  and  not  from  their  dele- 
gate. With  respect  to  the  indemnity  promised  by  the  Pre- 
sident of  the  United  States  to  the  English  minister,  in  virtue 
of  the  principles  he  has  established,  it  is  not  more  in  my 
power  to  consent  to  it,  as,  in  my  opinion,  it  is  not  in  his  to- 
promise  it.  For  in  order  to  operate  this  new  appropria- 
tion of  the  funds  of  the  Republick,  the  consent  of  the  legis- 
lative bodies  of  both  parties  is  indispensable. 

However,  sir,  though  I  have  not  the  right  to  withdraw, 
authoritatively,  the  commissions  of  which  our  privateers  are 
possessed,  although  I  am  equally  unable  to  constrain  them 
to  submit  to  decisions  which  our  treaties  of  alliance  and 
commerce  do  not  sanction,  and  which  the  decisions  given 
by  several  tribunals  of  the  United  States,  which  even  the 
negotiations  with  you,  seem  to  contradict,  yet  you  may  be 
assured,  thai,  after  having  supported  as  long  as  I  have  been 
able  the  rights  and  the  interests  of  the  French  people.  I 
shall  neglect  nothing  to  engage  by  persuasion  our  priva- 
teers to  suspend  their  cruises  and  change  their  destination. 
The  object  for  which  we  have  encouraged  the  arming  of 
all  those  little  vessels,  was  to  destroy  the  commerce  of  out 


200  AMERICAN 

enemies,  and  to  block  up  their  seamen  in  your  ports,  for 
the  purpose  of  accelerating  the  return  of  peace  by  a  dimi- 
nution of  their  strength.  This  plan  was  good,  and  not- 
withstanding the  obstacles  opposed  to  it,  it  has  so  far  suc- 
ceeded, as  to  bring  into  our  possession  fifty  of  their  vessels, 
and  to  condemn  to  inactivity  an  infinitely  greater  number. 
This  object  is  now  accomplished ;  superior  forces  will  ac- 
complish the  rest ;  and  if  I  have  had  the  misfortune,  by  my 
obedience  to  my  instructions,  by  my  obstinacy  in  acknow- 
ledging only  the  laws  and  treaties  of  the  United  States,  to 
displease  some  Anglophobists  or  Anglomen,  I  have  at  least 
the  satisfaction  of  having  rendered  an  important  service  to 
my  country,  whose  present  policy  is  entirely  devoted  to 
the  war. 

I  am  very  sensible,  sir,  of  the  measures  which  you  have 
taken  to  frustrate  the  odious  projects  of  some  emigrants 
refugees  of  St.  Domingo,  and  it  were  to  be  wished  that  wc 
could  expel  this  race  entirely,  as  well  as  those  of  the  emi- 
grants and  aristocrats  of  Europe,  much  more  dangerous  to 
the  peace,  liberty  and  independence  of  the  United  States, 
than  all  the  privateers  in  the  world.  GENET. 

Mr.  Jefferson,  Secretary  of  Slate,  to  the  Minister  Plenipoten- 
tiary of  France.     Gcrmantown,  Nov.  22,  1793. 

Sir, — In  a  letter  which  I  had  the  honour  of  writing  to 
you  on  the  1 2th  of  July,  I  informed  you,  that  the  President 
expected  that  the  Jane  of  Dublin,  the  Lovely  Lass,  and 
Prince  William  Henry,  British  vessels,  taken  by  the  armed 
vessel  Citoycn  Genet,  should  not  depart  from  our  ports 
until  his  ultimate  determination  thereon  should  be  made 
known.  And  in  a  letter  of  the  7th  August,  I  gave  you  the 
further  information,  that  the  President  considered  the 
United  States  as  bound,  pursuant  to  positive  assurances, 
given  in  conformity  to  the  laws  of  neutrality,  to  effectuate 
the  restoration  of,  or  to  make  compensation  for  prizes, 
made  subsequent  to  the  5th  day  of  June  by  privateers  fitted 
out  of  our  ports  ;  that,  consequently,  he  expected  you  to 
cause  restitution  to  be  made  of  all  prizes  taken  and  brought 
into'our  ports,  subsequent  to  the  said  5th  of  June,  by  such 
privateers,  in  defect  of  which  he  considered  it  as  incumbent 
on  the  United  States  to  indemnify  the  owners  of  such 
prizes  ;  the  indemnification  to  be  reimbursed  by  the  French, 
nation. 

This  determination  involved  the  brig  Jane  of  Dublin, 
taken  by  the  armed  vessel  Citoyen  Genet  on  the  24th  of 


STATE    PAPERS.  301 

July,  the  brig  Lovely  Lass,  taken  by  the  same  vessel  on 
the  4th  of  July,  and  the  brig  Prince  William  Henry,  taken 
by  the  same  vessel  on  the  28th  of  June,  and  I  have  it  in 
charge  to  inquire  of  you,  sir,  whether  these  three  brigs 
have  been  given  up,  according  to  the  determination  of  the 
President,  and  if  they  have  not,  to  repeat  the  requisition, 
that  they  be  given  up  to  their  former  owners. 

I  have  the  honour  to  be,  &c.      Til :  JEFFERSON. 

TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  French 
Republick,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States.  New  York,  November  29,  1793,  2d  year 
of  the  Republick. 

Sir, — It  is  not  in  my  power  to  order  the  French  vessels, 
which  have  received  letters  of  marque  in  the  ports  of  the 
United  States,  in  virtue  of  our  treaties,  in  virtue  of  the 
most  precise  instructions  to  me,  to  restore  the  prizes  which 
they  have  been  authorized  to  make  on  our  enemies,  but  I 
Jiave  long  since  prescribed  to  all  our  consuls,  neither  to 
oppose  nor  allow  to  be  opposed,  any  resistance  to  the  moral 
force  of  the  justice  of  the  United  Sates,  if  it  thinks  it  may 
interfere  in  affairs  relative  to  the  prizes,  or  of  the  govern- 
ment, if  it  persists  in  the  system  against  which  I  have  inces- 
santly made  the  best  founded  representations. 

Neither  is  it  in  my  power,  sir,  to  consent  that  the  indem- 
nities, which  your  government  proposes  to  have  paid  to 
the  proprietors  of  the  said  prizes,  should  be  placed  to  the 
account  of  France.  1st.  Because  no  indemnity  is  due 
but  when  some  damage  has  been  occasioned  in  the  use  of 
a  right  which  was  not  possessed,  whereas  our  treaties  and 
my  instructions  prove  to  me  that  we  were  fully  authorized 
to  arm  in  your  ports.  2d.  Because,  according  to  our  con- 
stitution as  well  as  yours,  the  executive  has  not.  the  arbi- 
trary appropriation  of  the  funds  of  the  state  ;  and  the  exe- 
cutive council  of  France  and  their  delegates  could  not  con- 
sent to  a  reimbursement  of  the  indemnities  in  question,  but 
when  the  legislative  body  shall  first  have  renounced,  under 
its  responsibility  to  the  people,  the  right  which  i  have  been 
expressly  instructed  to  maintain,  and  afterwards  have 
granted  the  sums  demanded  by  our  enemies,  and  which 
have  been  promised  them  by  the  President. 

Accept  my  respect,  CiENF/J'. 

v  oi.  r.  26 


.202  AMERICAN 

TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  of  the  Republick 
of  France,  to  Mr.  Jefferson,  Secretary  of  State  of  the 
United  States.  New  York,  November  11,  1793,  2d  year 
of  the  Republick. 

Sir, — The  funds  which  were  at  the  disposition  of  the 
French  Republick  for  the  year  1793  being  exhausted  by 
the  colonial  bills  drawn  on  them,  by  the  considerable  ex- 
pense which  the  continuance  of  the  vessels  of  the' Repub- 
lick in  the  ports  of  the  United  States  occasions,  by  the 
succour  which  I  have  given  to  the  refugees  from  the  Cape, 
the  supplies  of  all  kinds  which  I  have  sent  into  the  French 
colonies  in  America ;  in  fine,  the  divers  expenses  of  the 
legation  and  of  the  administration  confided  to  me,  I  request 
the  favour  of  you  to  make  known  to  the  President  of  the 
United  States,  that  I  am  forced  in  order  to  face  our  engage- 
ments, and  to  relieve  our  most  pressing  necessities,  to  draw 
on  the  sums  which  will  become  due  to  France,  in  the  years 
1 794,  and  95,  until  Congress  shall  have  taken  into  consi- 
deration the  mode  of  reimbursement  which  I  have  been 
instructed  to  propose  to  the  federal  government ;  our  con- 
tractors will  be  content  with  these  assignments,  provided 
they  are  accepted  by  the  treasury  of  the  United  States,  to 
be  paid  when  they  become  due.     Accept  my  respect, 

GENET. 

TRANSLATION. 

TJie  Citizen  Genet,  Minister  Plenipolentidry  of  the  French 
Republick,  to  Mr.  Jefferson,  Secretary  of  State  of  the  Unit- 
ed States.  New  York,  November  14,  1793,  2d  year  of  the 
French  Republick. 

Sir, — It  becomes  extremely  important  that  you  should 
.have  the  goodness  to  inform  me  without  delay,  whether  1 
can  draw,  by  anticipation,  on  the  approaching  reimburse- 
ments of  the  debt  of  the  United  States  to  France ;  our 
agents  being  informed,  that  the  funds,  which  were  at  the 
disposition  of  the  Republick  for  1793,  are  exhausted,  have 
suspended  their  supplies  and  their  enterprises,  until  they 
shall  be  assured  that  the  assignments  of  the  debt,  which  I 
may  make  to  them  in  virtue  of  my  powers,  shall  be  paid 
when  due.  As  without  doubt  you  will  form  to  yourself  a 
just  idea  of  all  the  branches  of  the  service  which  will  suffer* 


•STATE    PAPERS.  203 

as  long  as  this  authority  shall  be  withheld  from  me,  I  am 
persuaded,  sir,  that  you  will  zealously  second  me  in  this 
negotiation.  Two  thousand  seamen  and  soldiers  whom  I 
support  are  on  the  eve  of  wanting  bread.  The  repairs  of 
our  vessels  are  at  a  stand.  The  indispensable  expeditions 
of  subsistence  for  our  colonies  and  France  are  suspended. 
The  federal  government,  without  advancing  a  single  one 
of  the  payments  fixed  by  law,  can  by  two  words  signed  by 
you  or  the  Secretary  of  the  Treasury,  again  put  every  thing 
into  motion,  until  Congress  shall  have  taken  into  conside- 
ration the  general  mode  of  reimbursement  which  I  have 
been  instructed  to  communicate  to  you,  and  which  alone 
can  put  me  in  a  condition  to  supply  at  least  France  for  the 
next  campaign,  since  it  could  not  do  so  for  this  one.  The 
long  nights,  the  thick  fogs  and  the  heavy  seas  of  winter 
will  be  favourable  to  our  transports,  by  rendering  less  pro- 
bable the  painful  risks  to  which  the  odious  principles  of 
England  expose  neutral  vessels,  and  particularly  those  of 
the  United  States.     Accept  my  respect,  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  the  French  Republick.  Germantown^ 
Nov.  24,  1793. 

Sir, — I  laid  before  the  President  of  the  United  States 
your  two  letters  of  the  11th  and  14th  instant,  on  the  sub- 
ject of  new  advances  of  money,  and  they  were  immediately 
referred  to  the  Secretary  of  the  Treasury,  within  whose 
department  subjects  of  this  nature  lie.  I  have  now  the 
honour  of  enclosing  you  a  copy  of  his  report  thereon  to 
the  President,  in  answer  to  your  letters,  and  of  adding 
assurances  of  the  respect  and  esteem  of  sir,  &c. 

TH  :  JEFFERSON. 

The  Secretary  of  the  Treasury,  xtpon    two  letters  from  th> 
Minister  Plenipotentiary  of  France,   to   the  Secretary   of 
State,  severally  bearing  date  the  Wth  and   I  lth  of  No^ 
vember,  instant,  respectfully  reports  to  the  President  of 
the   United  States,  as  follows  : 

1st.  The  object  of  these  letters  is  to  procure  an  engage- 
ment, that  the  bills  which  the  minister  may  draw  upon  the 
sums,  which,  according  to  the  terms  respecting  the  con- 
tracts of  the  French  debt,  would  fall  due  in  the  years  1794 
and  1795,  shall  be  accepted  on  thr  part  of  the  Uni'od 


204  AMERICAN 

States,  payable  at  the  periods  stipulated  for  the  payments 
of  those  sums  respectively. 

The  following  considerations  are  submitted  as  militating 
against  the  proposed  arrangement — 

I.  According  to  the  view  entertained  at  the  Treasury  of 
the  situation  of  the  account  between  France  and  the  United 
States,  adjusting  equitably  the  question  of  depreciation, 
there  have  already  been  anticipated  payments  to  France 
equal,  or  nearly  equal  to  the  sums  falling  due  in  the  course 
of  the  year  1794. 

ii.  The  provision  by  law  for  discharging  the  principal 
of  the  French  debt,  contemplates  only  loans.  Of  those, 
which  have  been  hitherto  made,  the  sum  unexpended  is 
not  more  than  commensurate  with  a  payment  which  is  to 
be  made  on  the  first  of  June  next,  upon  account  of  the 
capital  of  the  Dutch  debt.  It  is  possible  that  a  fund  for 
this  payment  may  be  derived  from  another  loan  ;  but  it  is 
Jinown  to  the  President,  that  from  advices  recently  receiv- 
ed, full  reliance  cannot  be  placed  on  this  resource  ;  owing 
to  the  influence  of  the  present  state  of  European  affairs 
Upon  the  measures  of  the  United  States  for  borrowing.  It 
need  not  be  observed  that  a  failure  in  making  the  pay- 
ment referred  to  would  be  ruinous  to  the  credit  of  the 
United  States. 

The  acceptance  of  the  bills  of  the  minister  of  France 
would  virtually  pledge  the  only  fund,  of  which  there  is  at 
present  a  certainty,  for  accomplishing  that  payment,  and 
as  this  is  a  matter  of  strict  obligation,  directly  affecting 
the  publick  credit,  it  would  not  appear  advisable  to  engage 
that  fund  for  a  different  object,  which,  if  the  ideas  of  the 
Treasury  are  right,  with  regard  to  the  state  of  our  account 
with  France,  does  not  stand  upon  a  similar  footing. 

It  would  be  manifestly  unsafe  to  presume  upon  contin- 
gencies, or  to  enter  into  engagements  to  be  executed  at 
distant  periods,  when  the  means  of  execution  are  uncertain. 

But  as  there  appears  to  be  a  difference  of  opinion  be- 
tween the  minister  of  France  and  the  Treasury,  with  re- 
gard to  the  state  of  the  account  between  the  two  countries, 
it  is  necessary  that  something  on  this  head  should  be  ascer- 
tained. With  this  view,  the  Secretary  of  the  Treasury 
will  proceed  without  delay  to  take  arrangements  for  the 
adjustment  of  the  account. 

ALEXANDER  HAMILTON, 
Secretary  of  the  Treasury. 

Treasury  Department,  Nov.  23,  1793. 


STATE    PAPERS.  205 

wWr.  Clinton,  Governour  of  New  York,  to  Mr.  Genet,  Mi- 
nister Plenipotentiary  of  France.  New  York,  Nov.  21, 
1793. 

Sir, — As  by  your  letter  of  the  1 1th  instant,  I  am  inform- 
ed that  the  vessel  therein  mentioned,  now  repairing  at  the 
wharf  in  the  East  river,  is  called  the  Carmagnole,  and  that 
she  was  fitted  out  as  a  privateer,  in  the  Delaware,  I  con- 
ceive it  proper  to  transmit  to  you  a  copy  of  a  letter  which 
I  have  since  received  from  the  Secretary  of  War,  dated 
the  15th  instant,  in  answer  to  one  from  me  to  the  President 
of  the  United  States,  informing  him  of  your  having  with- 
drawn the  commissions  granted  to  certain  privateers,  fitted 
out  in  the  ports  of  the  United  States :  by  which  you  will 
perceive  it  to  be  the  sense  of  the  President,  that  this  ves- 
sel should  be  entirely  divested  of  her  warlike  equipments, 
and  which,  from  the  readiness  you  are  pleased  to  express 
to  conform  to  the  views  of  the  federal  government,  I  cannot 
doubt,  will  on  the  receipt  hereof,  be  complied  with,  and 
that  until  this  is  effected  you  will  not  permit  her  to  leave 
the  harbour.     I  am,  &c.  GEORGE  CLINTON. 

Citizen  Genet,  Minister  Plenipotentiary  from  the  French. 
Republick,  to  General  Clinton,  Governour  of  the  state  of 
New  York.  New  York,  Nov.  23,  1 793,  2c?  year  of  the 
French  Republick. 

Sir, — I  have  received  the  letter  which  you  did  me  the 
honour  to  write  me  the  21st  instant,  as  also  the  copy  an- 
nexed to  it  of  a  letter  from  the  Secretary  of  War. 

The  fresh  requisitions  which  have  lately  been  transmit- 
ted to  you  respecting  the  schooner  Columbia,  formerly 
called  the  Carmagnole,  are  only  a  continuation  of  the  sys- 
tem which  has  been  observed  towards  me,  from  the  very 
commencement  of  my  mission,  and  which  evidently  ap- 
pears to  be  calculated  to  baffle  my  zeal,  to  fill  me  with  dis- 
gust, and  to  provoke  my  country  to  measures  dictated  by  a 
just  resentment,  which  would  accomplish  the  wishes  of 
those  whose  politicks  tend  only  to  disunite  America  from 
France,  the  more  easily  to  deliver  the  former  into  the 
power  of  the  English. 

Warned  by  this  conjecture,  which  is  unfortunately  but 
too  well  founded,  instead  of  proving  to  you  as  I  could 
easily  do  that  the  orders  which  have  been  given  to  you 
ure  contrary  to  our  treaties,  to  the  conduct  of  the  federal 


£0t»  AMERICAN 

government  even  towards  the  British  nation,  whose  pack- 
ets and  a  great  number  of  merchant  vessels,  I  am  well  in- 
formed, have  been  permitted  to  arm  for  defence  in  their 
ports,  to  the  bonds  of  friendship  which  unite  the  people  of 
both  republicks,  and  to  their  mutual  interest,  since  the  ves- 
sel in  question  is  intended  to  serve  as  an  advice-boat  in  our 
correspondence  with  the  French  islands,  which,  by  our 
treaties,  you  are  bound  to  guaranty,  and  in  whose  fate 
your  property  is  no  less  interested  than  ours,  I  will  give 
orders  to  the  consul  and  to  the  French  commodore  of  the 
road,  to  conform  themselves  to  every  thing  that  your  wis- 
dom may  think  proper  to  direct.     Accept,  sir,  &c. 

GENET, 


The  Govemour  of  New  York,  to  the  President  of  the  United 
States.     Keto  York,  November  24,  1793. 

Sir, — I  have  recently  received  a  letter  from  the  Secre- 
tary of  War,  dated  the  12th,  and  also  another  dated  the 
1 3th  instant,  in  answer  to  mine  of  the  8th  of  September 
last. 

On  recurring  to  my  correspondence  with  the  minister  of 
France,  a  copy  of  which  was  enclosed  in  that  letter,  it 
will  appear,  that  my  object  was  to  procure  the  departure 
of  the  privateers  Petit  Democrat  and  Carmagnole,  agreea- 
bly to  your  decision,  communicated  to  me  in  a  letter  from 
the  Secretary  of  War,  dated  the  16th  of  August ;  but  as  it 
was  mentioned  to  be  your  desire,  that  forcible  measures 
should  not  be  resorted  to,  until  every  other  effort  had  been 
tried,  I  thought  it  proper  to  submit  to  your  consideration 
the  measure  proposed  by  the  French  minister.  In  the  in- 
terim, the  Petit  Democrat  departed  from  this  harbour  with- 
out any  augmentation  of  her  military  equipments,  so  far  as 
my  knowledge  extends.  The  Carmagnole  still  remains 
here,  and  it  seems  is  the  vessel  to  which  my  letter  of  the 
15th  instant  refers.  I  now  transmit  a  second  letter  which 
I  have  written  to  the  French  minister  on  this  subject  and 
his  answer,  and  have  only  to  request  to  be  informed 
whether  any  farther  interference  on  my  part  is  expected. 

As  I  shall  in  a  short  time  set  out  for  Albany,  to  attend 
the  meeting  of  our  legislature,  I  take  this  opportunity  of 
apprizing  you  of  it,  in  order,  that  if  any  arrangements  are 
thought  necessary,  which  may  require  my  personal  atten- 
tion, they  may  be  concerted  before  my  departure,  as  it  is 


isTATB    PAPERS.  207 

uncertain  whether  I  shall  return  to  this  city  before  spring. 
I  am.  with  sentiments  of  the  highest  respect,  &c. 

GO :  CLINTON. 

Citizen  Genet,  Minister  Plenipotentiary  of  the  Republick  of 
France  with  the  United  States,  to  Mr.  Jefferson,  Secretary 
of  State  of  the  United  States.     New  York,  Nov.  25, 1 793, 
2d  year  of  the  Republick  of  France. 
Sir, — I  ask  your  pardon,  if  my  despatches  precipitate 
themselves  with  so  much  rapidity  on  you  ;  but  events  an- 
nounce themselves  in   such   a   manner,  daily,  that  I  am 
scarcely  able  to  trace  and  notify  them  to  you.     My  pre- 
ceding despatches  have  presented  to  you  complaints  on 
the  workings  of  the  new  emigrants,  who  inundate  your 
continent.     I  have  assayed  to  unmask  to  you  the  profound 
and  double  intrigues  ;  I  have  notified  you  of  their  insults 
to  the  French  agents,  and  the   personal   dangers  which 
these  agents  are  daily  exposed  to,  surrounded  by  these 
furies.     At  present,  I  have   to  inform  you  of  facts,  well 
characterized ;  and  if  I  do  not  obtain  justice,  1  shall  at 
least  have  done  my  duty,  and  my  heart  and  my  country 
will  have  nothing  to  reproach  me. 

It  is  announced  to  mc,  from  Baltimore,  that  200  colonists 
are  embarking,  in  the  Chesapeake,  for  Jeremie*  The 
Philadelphia  counter-revolutionary  presses  advertise,  thai 
two  vessels  are  about  taking  passengers  for  the  Molc.t 
Thus,  sir,  it  is  no  longer  the  good  ofiices  of  an  ally,  that 
Fiance  has  occasion  to  claim  of  the  federal  government — 
It  is  not  to  aid  in  our  destruction,  that  I  have  to  conjure 
you — It  is  to  intreat  you,  not  to  conspire  in  the  loss  of  ;v 
colony,  which  you  ought  to  defend,  that  my  afflicting  duly 
is  confined  to. 

With  whatever  fury  they  have  obstinately  persisted  to 
paint  me,  in  libels,  which  I  despise,  as  an  enemy  of  the 
American  people,  and  of  their  government,  and  as  aspiring 
to  involve  you  in  the  war,  you  know,  sir,  with  what  mode- 
ration I  have  reminded  you  of  the  obligations  which  were 
imposed  on  you.  In  that  also  I  have  a  clear  conscience . 
of  having  been  influenced,  neither  by  our  successes,  not- 
our misfortunes.     I   have    only  ceded    to  provisory  ac<-. 

*  In  a  vessel  belonging  to  Mr.  Zaehariah  Copmann. 

t  One  is  the  ship  Delaware,  Captain  James  Art,  fitted  out  by  James 
Shoemaker. 

The  other  i*  the  Galliot  Betsey  Harmfth,  rnptain  DntmnrHaru  fit<rd  o»I» 
iv  fyfessieurs  Reec!  and  Sodrr. 


208  AMERICAN 

which,  concealing  a  manifest  contradiction  under  an  ap- 
parent modesty,  avow  the  inability  to  defend  us,  and 
usurp,  at  the  same  time,  the  right  to  let  us  be  attacked. 

I  have  in  my  possession  the  proofs  of  a  conspiracy,  which 
broke  out  in  September  last,  for  the  surrender  of  the 
Mole  ;  and  the  original  papers  enclosed  prove,  that  it  was 
concerted  in  first  days  of  1793,  and  signed  then  with 
names  which  were  not  unmasked  till  7th  September  last. 
The  conspirators,  adroitly  concealed,  were  urging  claims 
on  the  Republick,  at  the  moment  they  were  treating  with 
the  English  minister,  to  the  end,  that  by  this  double  in- 
trigue, they  might  overthrow  the  true  friends  of  the  French, 
and  conduct  to  its  end  their  shameful  plot.  These  partial 
threads,  which  discover  themselves  now,  were  only  acces- 
sary portions  of  the  conspiracy  of  a  great  traitor,  cele- 
brated in  the  last  year,  now  crushed  under  remorse,  and 
the  contempt  of  the  world.  The  French  people,  sir,  have 
baffled  all  these  intrigues,  and  if  ulterior  proofs  were  want- 
ing of  their  wisdom,  of  their  firm  determination  to  be  free, 
and  of  the  stability  of  their  government,  you  would  find 
them  in  the  glorious  struggle  of  the  present  campaign. 
Therein,  amidst  great  reverses,  signal  victories,  and  atro- 
cious conspiracies,  the  colossus  of  the  French  people 
raises  itself  majestically,  and  makes  their  enemies  trem- 
ble. These  then  are  the  friends,  under  whose  wing  Ame- 
rica will  brave  the  despots  who  divide  their  hatred  be- 
tween her  and  us.  Those  are  the  friends,  who,  among  the 
general  measures  of  rigour,  which  circumstances  force 
from  them,  do  not  cease  a  moment  to  remember  you,  to  ex- 
cept you  from  them.  The  demands,  which  I  make  of  you 
in  their  name,  sir,  are  confined  to  this,  that  you  will  not 
suffer  poignards,  for  their  assassination,  to  be  forged  in 
your  territory. 

I  pray  you,  in  consequence,  sir,  to  represent  to  the 
President  of  the  United  States,  1st.  That  the  personal 
safety  of  our  consuls  is  threatened,  at  Charleston  and  at 
Baltimore,  and  that  little  activity  is  employed  for  their 
protection.  2d.  That  200  colonial  emigrants  are  embark- 
ing at  Baltimore,  and  are  perhaps  departed  to  join  the 
traitors  of  Jeremie — That  two  other  vessels,  armed, 
doubtless,  by  our  enemies,  are  advertised  at  Philadelphia, 
in  the  counter-revolutionary  gazettes,  to  carry  passengers 
of  the  same  stamp  to  the  Mole,  Saint  Nicholas.  That  I 
know  also,  of  my  certain  knowledge,  that  American  ves- 
sels have,  for  some  time,  carried  provisions  and  war  stores 


STATE    PAPERS.  209 

to  these  two  rebel  places  ;  and,  in  fine,  that  the  emissaries 
of  men,  with  whom  some  of  your  ministers  associate,  have 
gone  to  this  island,  which  has  been  a  long  time  the  prey 
of  a  thousand  artful  conspiracies,  there  to  negotiate  in- 
surrections, and  the  ruin  of  the  commercial  interests  of 
my  country ;  that  it  is  on  your  territory,  that  all  this  is 
doing ;  that  it  is  in  your  country,  in  fine,  that  exists  the 
centre  of  the  intriguing  desolations  of  our  ultramarine  pos- 
sessions. 

I  request  you,  sir,  to  obtain  a  definitive  answer,  from 
the  supreme  head  of  the  federal  government,  on  these  two 
objects,  in  order  that  I  may,  by  the  first  opportunity,  in- 
form the  French  government  of  the  steps  I  have  taken  in 
this  respect,  and  of  their  effect. 

I  shall  moreover  take  the  liberty  to  propose  to  you  a 
measure,  which  I  cannot  adopt,  but  with  your  authority, 
and  which  would  obviate  the  subterfuges  of  traitors,  and 
she  coercive  means  which  you  may  not  possess.  It  is,  to 
give  orders  to  the  armed  vessels  of  the  Republick,  to  stop 
every  American  vessel  destined  for  the  island  of  Saint 
Domingo,  which  shall  not  have  a  passport  signed  by  me. 
Thus  I  shall  prevent  the  introduction  of  enemies,  which 
may  escape  your  vigilance,  and  we  shall  guard  your  citi- 
zens from  seductions  and  dangers.  I  beg  of  you  to  make 
known  to  me  the  intention  of  the  President  on  this  propo- 
sition.    Accept  my  respect,  GENET. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Genet,  Minister 
Plenipotentiary  of  France.  Philadelphia,  November  30. 
1793. 

Sir, — I  have  laid  before  the  President  of  the  United 
States  your  letter  of  Nov.  25,  and  have  now  the  honour  to 
inform  you,  that  most  of  its  objects,  being  beyond  the 
powers  of  the  Executive,  they  can  only  manifest  their  dis- 
positions by  acting  on  those  which  are  within  their  pow- 
ers. Instructions  are  accordingly  sent  to  the  district  at- 
torneys of  the  United  States,  residing  within  states  wherein 
French  consuls  are  established,  requiring  them  to  inform 
the  consuls  of  the  nature  of  the  provisions  made  by  the 
laws,  for  preventing,  as  well  as  punishing,  injuries  to  their 
persons,  and  to  advise  and  assist  them  in  calling  these 
provisions  into  activity,  whenever  the  occasions  for  them 
shall  arise. 

VOL.  r.  ?? 


210  AMERICAN" 

It  is  not  permitted,  by  the  law,  to  prohibit  the  departure 
of  the  emigrants  to  St.  Domingo,  according  to  the  wish 
you  now  express,  any  more  than  it  was  to  force  them 
away,  according  to  that  expressed  by  you  in  a  former  let- 
ter. Our  country  is  open  to  all  men,  to  come  and  go 
peaceably,  when  they  choose ;  and  your  letter  does  not 
mention  that  these  emigrants  meant  to  depart  armed  and 
equipped  for  war.  Lest,  however,  this  should  be  attempt- 
ed, the  governours  of  the  states  of  Pennsylvania  and  Ma- 
ryland are  requested  to  have  particular  attention  paid  to 
the  vessels  named  in  your  letter,  and  to  see  that  no  mili- 
tary expedition  be  covered  'or  permitted  under  colour  of 
the  right  which  the  passengers  have  to  depart  from  these 
states. 

Provisions  not  being  classed  among  the  articles  of  con- 
traband, in  time  of  war,  it  is  possible  that  American  ves- 
sels may  have  carried  them  to  the  ports  of  Jeremie  and 
La  Mole,  as  they  do  to  other  dominions  of  the  bellige- 
rent powers  ;  but  if  they  have  carried  arms  also,  these,  as 
being  contraband,  might  certainly  have  been  stopped  and 
confiscated. 

In  the  letter  of  May  1 5,  to  Mr.  Ternant,  I  mentioned, 
that  in  answer  to  the  complaints  of  the  British  minister, 
against  the  exportation  of  arms  from  the  United  States,  it 
had  been  observed,  that  the  manufacture  of  arms  was  the 
occupation  and  livelihood  of  some  of  our  citizens  ;  that  it 
ought  not  to  be  expected,  that  a  war  among  other  nations 
should  produce  such  an  internal  derangement  of  the  occu- 
pations of  a  nation  at  peace,  as  the  suppression  of  a  manu- 
facture, which  is  the  support  of  some  of  its  citizens ;  but 
that  if  they  should  export  these  arms  to  nations  at  war, 
they  would  be  abandoned  to  the  seizure  and  confiscation, 
which  the  law  of  nations  authorized  to  be  made  of  them  on 
the  high  seas.  This  letter  was  handed  to  you,  and  you 
were  pleased,  in  yours  of  May  27,  expressly  to  approve 
of  the  answer  which  had  been  given.  On  this  occasion, 
therefore,  we  have  only  to  declare,  that  the  same  conduct 
will  be  observed,  which  was  announced  on  that. 

The  proposition,  to  permit  all  our  vessels,  destined  for 
any  port  in  the  French  West  India  islands,  to  be  stopped, 
unless  furnished  with  passports  from  yourself,  is  so  far 
beyond  the  powers  of  the  Executive,  that  it  will  be  unne- 
cessary to  enumerate  the  objections  to  which  it  would  be 
liable.     I  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 


STATE    PAPERS.  211 

Mr.  Falconer,  Master  Warden  of  the  port  of  Philadelphia, 
to  his  Excellency  Thomas  Mifflin,  Governour  of  the  Com- 
monwealth  of  Pennsylvania.  Warden's  Office,  PhiladeU 
phia,Mv.  29,  1793. 

Sir, — In  obedience  to  your  excellency's  letter  of  this 
morning,  I  have  seen  Mr.  Jacob  Shoemaker,  one  of  the 
owners  of  the  ship  Delaware ;  he  informed  me,  that  they 
intend  their  ship  for  Cape  Nichola  Mole,  and  expect- 
ed to  take  a  number  of  passengers,  if  they  offered ; 
but  they  assure  me,  only  one  person  has,  as  yet,  en- 
gaged his  passage  in  the  ship  Delaware ;  1  have  re- 
quested of  Mr.  Shoemaker  and  captain  Art,  that  what- 
ever Frenchmen  may  engage  their  passages, .  that  they 
will  bring  them  to  me,  in  order  to  declare  the  object  of 
their  voyage.  I  have  also  been  with  the  owners  of  the 
goillette  Betsey,  who  are  Reed  and  Ford ;  who  inform, 
that  she  is  not  bound  to  Jcremie  nor  the  Mole,  but  charter- 
ed by  a  French  gentleman  for  Guadaloupe,  to  go  there  in 
order  to  bring  oft  his  property  ;  some  passengers  are  going 
in  her  for  that  island.  You  may  rest  assured,  I  will  pay 
every  attention  to  those  vessels  ;  and  if  I  can  discover  any 
thing  like  armament,  I  shall  give  your  excellency  imme- 
diate notice  of  it.     I  am,  &c. 

NATHANIEL  FALCONER, 
Master  Warden  of  the  port  of  Philadelphia. 
A.  J.  DALLAS,  Secretary. 

Department  of  State,  to  wit : 
I  hereby  certify,  that  the  preceding  copies  and  transla- 
tions, beginning  with  a  letter  of  May  22,  1 793,  and  end- 
ing with  one  of  November  29,  1793,  are  from  originals, 
or  from  authentick  copies,  in  the  office  of  the  department 
of  state. 

Given  under  mv  hand,  this  4th  day  of  December,  1793. 

TH:  JEFFERSON. 


PAPERS  RELATIVE  TO  GREAT  BRITAIN. 

Mr.  Jeff'crson,  Secretary  of  Slate,  to  Mr.  Hammond,  Minister 
Plenipotentiary  of  Great    Britain.     Philadelphia,  Nov. 
29,  1791. 
Sir, — In  recalling  your  attention  to  the  7th  article  of  the 

definitive  treaty  of  peace  between  the  United  States  of 


212  AMERICAN 

America  and  his  Britannick  Majesty,  wherein  was  it  stipu- 
lated/that "  his  Britannick  Majesty  should,  with  all  con- 
venient speed,  and  without  causing  any  destruction,  or 
carrying  away  any  negroes  or  other  property  of  the  Ame- 
rican inhabitants,  withdraw  all  his  armies,  garrisons  and 
fleets  from  the  said  United  States,  and  from  every  post, 
place,  and  harbour  within  the  same,"  I  need  not  observe 
to  you  that  this  article  still  remains  in  a  state  of  inexecu- 
tion,  nor  recapitulate  what,  on  other  occasions,  has  past  on 
this  subject.  Of  all  this,  I  presume  you  are  fully  apprized. 
We  consider  the  friendly  movement  lately  made  by  the 
court  of  London,  in  sending  a  minister  to  reside  with  us, 
as  a  favourable  omen  of  its  disposition  to  cultivate  har- 
mony and  good  will  between  the  two  nations,  and  we  are 
perfectly  persuaded  that  these  views  will  be  cordially  se- 
conded by  yourself  in  the  ministry  which  you  are  appoint- 
ed to  exercise  between  us.  Permit  me,  then,  sir,  to  ask 
whether  you  are  instructed  to  give  us  explanations  of  the 
intentions  of  your  court  as  to  the  execution  of  the  article 
above  quoted  ? 

With  respect  to  the  commerce  of  the  two  countries,  we 
have  supposed  that  we  saw  in  several  instances  regula- 
tions on  the  part  of  your  government,  which,  if  reciprocal- 
ly adopted,  would  materially  injure  the  interests  of  both 
nations. 

On  this  subject  too,  1  must  beg  the  favour  of  you  to  say, 
whether  you  are  authorized  to  conclude,  or  to  negotiate  ar- 
rangements with  us  which  may  fix  the  commerce  between 
the  two  countries  on  principles  of  reciprocal  advantage  ? 
I  have  the  honour  to  be,  &c.  TH  :  JEFFERSON. 


Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia,  Nov. 
30,   1791. 

Sir, — I  have  the  honour  of  acknowledging  the  receipt 
of  your  letter  of  yesterday.  With  respect  to  the  non- 
execution  of  the  7th  article  of  the  definitive  treaty  of  peace 
between  his  Britannick  Majesty  and  the  United  States  of 
America,  which  you  have  recalled  to  my  attention,  it  is 
gcarcely  necessary  for  me  to  remark  to  you,  sir,  that  the 
king,  my  master,  was  induced  to  suspend  the  execution  of 
that  article  on  his  part,  in  consequence  of  the  non-com- 
pliance, on  the  part  of  the  United  States,  with  the  engage- 


STATE    PAPERS.  213 

ments  contained  in  the  4th,  5th,  and  6th  articles  of  the 
same  treaty.  These  two  objects  are,  therefore,  so  mate- 
rially connected  with  each  other  as  not  to  admit  of  sepa- 
ration, either  in  the  mode  of  discussing  them,  or  in  any 
subsequent  arrangements,  which  may  result  from  that 
discussion. 

In  stating  to  you,  sir,  this  indispensable  consideration,  I 
must  at  the  same  time  assure  you,  that,  in  the  confidence 
of  experiencing  a  similar  disposition  in  the  government  of 
the  United  States,  it  is  his  majesty's  desire  to  remove  every 
ground  and  occasion  of  misunderstanding  which  may  arise 
between  the  two  countries  :  And  in  conformity  to  that  dis- 
position in  his  majesty,  I  can  add,  that  I  am  instructed  to 
enter  into  the  discussion  of  all  such  measures  as  may  be 
deemed  the  most  practicable  and  reasonable,  for  giving 
effect  to  those  stipulations  of  the  definitive  treaty,  the 
execution  of  which  has  hitherto  been  delayed,  as  well 
by  the  government  of  this  country,  as  by  that  of  Great 
Britain. 

In  answer  to  your  question  on  the  subject  of  the  com- 
merce of  Great  Britain  and  the  United  States,  I  can  also 
inform  you,  sir,  that  the  king  is  sincerely  disposed  to  pro- 
mote and  facilitate  the  commercial  intercourse  between 
the  two  countries,  and  that  1  am  authorized  to  commu- 
nicate to  this  government  his  majesty's  readiness  to  enter 
into  a  negotiation  for  establishing  that  intercourse  upon 
principles  of  reciprocal  benefit. 

Before  I  conclude  this  letter,  I  cannot  omit,  mentioning 
the  sense  I  entertain  of  the  obliging  expressions  of  personal 
regard,  which  you,  sir,  have  been  pleased  to  employ,  rela- 
tive to  my  appointment  to  the  station  which  I  hold  in  this 
country.  I  can  venture  to  assure  you,  with  the  greatest 
sincerity,  that  it  affords  me  the  warmest  satisfaction  to  be 
the  medium  of  communicating  to  the  United  States  the  ac- 
tual good  dispositions  of  my  sovereign  and  nation  towards 
them. — And,  I  trust,  I  may  be  permitted  to  add,  that  il 
would  be  the  highest  object  of  my  ambition,  to  be  the 
humble  instrument  of  contributing,  in  any  manner,  to  fix 
upon  a  permanent  basis  the  future  system  of  harmony  and 
good  understanding  between  the  two  countries. 

I  have  the  honour  to  be,  &c.  GEO.  HAMMOND. 


214  AMERICAN 

Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain^ 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia,  De- 
cember 6,  1791. 

Sir, — As  I  am  extremely  solicitous  to  avoid  any  misap- 
prehension of  my  letter  of  the  30th  ult.  I  have  now  the 
honour  of  stating  to  you,  in  explanation  of  that  part  of  it 
to  which  you  have  adverted  in  yours  of  yesterday,  that 
although  (as  I  formerly  mentioned  in  my  first  conversa- 
tions with  you  after  my  arrival  in  this  country)  I  am  not 
as  yet  empowered  to  conclude  any  definitive  arrangement 
with  respect  to  the  commercial  intercourse  between  the 
two  countries,  I  still  meant  it  to  be  understood,  that  I  am 
fully  authorized  to  enter  into  a  negotiation,  for  that  purpose, 
and  into  the  discussion  of  such  principles,  as  may  appear 
best  calculated  to  promote  that  object,  on  a  basis  of  recip- 
rocal advantage. 

I  am  farther  authorized  to  receive  any  propositions 
which  this  government  may  be  pleased  to  make  to  me 
upon  this  subject.     I  have  the  honour  to  be,  &c. 

GEO.  HAMMOND. 

Mr.  Jefferson.  Secretary  of  State,  to  Mr.  Hammond,  Minister 
Plenipotentiary  of  Great  Britain.  Philadelphia,  Decem- 
ber 13,  1791. 

Sir, — I  have  laid  before  the  President  of  the  United 
States  the  letters  of  November  30  and  December  6th  with 
which  you  honoured  me,  and  in  consequence  thereof,  and 
particularly  of  that  part  of  your  letter  of  December  6th, 
where  you  say  that  you  are  fully  authorized  to  enter  into 
a  negotiation  for  the  purpose  of  arranging  the  commercial 
intercourse  between  the  two  countries,  I  have  the  honour 
to  inform  you  that  I  am  ready  to  receive  a  communication 
of  your  full  powers  for  that  purpose,  at  any  time  you  shall 
think  proper,  and  to  proceed  immediately  to  their  object. 

I  have  the  honour  to  be,  kc.  TH  :  JEFFERSON. 

Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia,  De- 
cember 14,  1791. 

Sir, — In  answer  to  your  letter  of  yesterday,  I  can  only 
repeat  what  I  have  before  stated  in  my  first  conversations 
with  you  after  my  arrival,  and  subsequently  in  my  letter 


STATE    PAPERS.  215 

of  the  6th  of  this  month  ;  viz.  that  I  have  no  special  com- 
mission, empowering  me  to  conclude  any  definitive  arrange- 
ment upon  the  subject  of  the  commercial  intercourse  be- 
tween Great  Britain  and  the  United  States.  But  that  I 
conceive  myself  fully  competent  to  enter  into  a  negotiation 
with  this  government  for  that  purpose,  in  the  discussion  of 
the  principles  which  may  serve  as  the  basis,  and  consti- 
tute the  stipulations  of  any  such  definitive  arrangement. 
This  opinion  of  my  competency,  is  founded  upon  my 
instructions,  in  as  much  as  they  are  to  regulate  my  per- 
sonal conduct,  and  upon  the  conviction  that  the  letter  of 
credence  from  his  majesty,  investing  me  with  a  general 
plenipotentiary  character  which  I  had  the  honour  of  pre- 
senting to  the  President  of  the  United  States,  and  his  con- 
sequent recognition  of  me  in  that  character,  are  authorities 
decidedly  adequate  to  the  commencement  of  a  preliminary 
negotiation.     I  have  the  honour  to  be,  &c. 

GEO.  HAMMOND. 

Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Hammond,  Minis- 
ter Plenipotentiary  of  Great  Britain.  Philadelphia, 
December  15,  1791. 

Sir, — I  am  to  acknowledge  the  honour  of  your  letter  of 
November  30th,  and  to  express  the  satisfaction  with  which 
we  learn,  that  you  are  instructed  to  discuss  with  us  the 
measures,  which  reason  and  practicability  may  dictate,  for 
giving  effect  to  the  stipulations  of  our  treaty  yet  remaining 
to  be  executed.  I  can  assure  you,  on  the  part  of  the 
United  States,  of  every  disposition  to  lessen  difficulties,  by 
passing  over  whatever  is  of  smaller  concern,  and  insisting 
on  those  matters  only,  which  either  justice  to  individuals 
or  publick  policy  render  indispensable  ;  and  in  order  to 
simplify  our  discussions,  by  defining  precisely  their  ob- 
jects, I  have  the  honour  to  propose  that  wo  shall  begin  by 
specifying,  on  each  side,  the  particular  acts  which  each 
considers  to  have  bee n  done  by  the  other,  in  contraven- 
tion of  the  treaty.     I  shall  set  the  example. 

The  provisional  and  definitive  treaties  in  their  7th  arti- 
cle stipulated  that  his  "  Britannick  majesty  should  with  all 
convenient  speed  and  without  causing  any  destruction  or 
carrying  away  any  negroes,  or  other  property  of  the  Ame- 
rican inhabitants,  7rilhdra<o  all  his  armies,  garrisons,  and 
fleets  from  the  said  United  States  and  from  every  port,  place,, 
and  harbour  within  the  same." 


210  AMERICAN 

But  the  British  garrisons  were  not  withdrawn  with  all 
convenient  speed,  nor  have  ever  yet  been  withdrawn  from 
Michillimakkinak,  on  lake  Michigan  ;  Detroit,  on  the 
strait  of  lakes  Erie  and  Huron ;  Fort  Erie,  on  Lake 
Erie  ;  Niagara,  Oswego,  on  Lake  Ontario  ;  Oswegalchie, 
on  the  river  St.  Lawrence  ;  Point  Au-fer,  and  Dutchman's 
Point,  on  Lake  Champlain. 

2.  The  British  officers  have  undertaken  to  exercise  a 
jurisdiction  over  the  country  and  inhabitants  in  the  vicini- 
ties of  those  forts  ;  and 

3d.  They  have  excluded  the  citizens  of  the  United 
States  from  navigating,  even  on'our  side  of  the  middle  line 
of  the  rivers  and  lakes  established  as  a  boundary  between 
the  two  nations. 

By  these  proceedings  we  have  been  intercepted  entirely 
from  the  commerce  of  furs  with  the  Indian  nations  to  the 
northward,  a  commerce  which  had  ever  been  of  great  im- 
portance to  the  United  States,  not  only  for  its  intrinsick 
value,  but  as  it  was  the  means  of  cherishing  peace  with 
those  Indians,  and  of  superseding  the  necessity  of  that  ex- 
pensive warfare  we  have  been  obliged  to  carry  on  with 
them,  during  the  time  that  these  posts  have  been  in  other 
hands, 

On  withdrawing  the  troops  from  New  York,  1st.  A 
large  embarkation  of  negroes,  of  the  properly  of  the  in- 
habitants of  the  United  States,  took  place  before  the  com- 
missioners on  our  part  for  inspecting  and  superintending 
embarkations  had  arrived  there,  and  without  any  account 
ever  rendered  thereof.  2d.  Near  three  thousand  others 
were  publickly  carried  away  by  the  avowed  order  of  the 
British  commanding  officer,  and  under  the  view,  and  against 
the  remonstrances  of  our  commissioners.  3d.  A  very 
great  number  were  carried  off  in  private  vessels,  if  not  by 
the  express  permission,  yet  certainly  without  opposition 
on  the  part  of  the  commanding  officer,  who  alone  had  the 
means  of  preventing  it,  and  without  admitting  the  inspec- 
tion of  the  American  commissioners  ;  and  4th,  Of  other 
.species  of  property  carried  away,  the  commanding  officer 
permitted  no  examination  at  all.  In  support  of  these  facts 
J  have  the  honour  to  enclose  you  document-:,  a  list  of 
which  will  be  subjoined,  and  in  addition  to  them,  I  beg 
ieave  to  refer  to  a  roll  signed  by  the  joint  commissioners 
and  delivered  to  your  commanding  officer  for  transmission 
to  his  court,  containing  a  description  of  the  negroes  pub- 


SfATE    PAPERS.  21 T 

iickly  carried  away  by  his  order  as  before  mentioned, 
with  a  copy  of  which  you  have  doubtless  been  furnished. 

A  difference  of  opinion  too  having  arisen  as  to  the  river 
intended  by  the  plenipotentiaries  to  be  the  boundary  be- 
tween us  and  the  dominions  of  Great  Britain,  and  by  them 
called  the  St.  Croix,  which  name,  it  seems,  is  given  to  two 
different  rivers,  the  ascertaining  of  this  point  becomes  a 
matter  of  present  urgency  :  it  has  heretofore  been  the 
subject  of  applications  from  us  to  the  government  of  Great 
Britain. 

There  are  other  smaller  matters  between  the  two  nations 
which  remain  to  be  adjusted,  but  I  think  it  would  be  better 
to  refer  these  for  settlement  through  the  ordinary  channel 
of  our  ministers,  than  to  embarrass  the  present  important 
discussions  with  them :  they  can  never  be  obstacles  to 
friendship  and  harmony. 

Permit  me  now,  sir,  to  ask  from  you  a  specification  of 
the  particular  acts,  which,  being  considered  by  his  Britan- 
nick  majesty  as  a  non-compliance  on  our  part  with  the 
engagements  contained  in  the  4th,  5th,  and  6th  articles  of 
the  treaty,  induced  him  to  suspend  the  execution  of  the 
7th,  and  render  a  separate  discussion  of  them  inadmissi- 
ble.    And  accept  assurances,  &c. 

THOMAS  JEFFERSON. 

DOCUMENTS    REFERRED    TO,    AND    ENCLOSED. 

Extract  of  a  letter  of  May  1 2th,  1783,  from  Sir  Guy  Carle- 
ton  to  General  Washington.  Letter  of  May  24th,  1783, 
from  the  American  commissioners  to  Sir  Guy  Carleton. 
Letter  of  May  29th,  1783,  from  Mr.  Morgann  for  Sir  Guy 
Carleton  to  the  American  commissioners. 

Remonstrance  of  June  9th,  1783,  from  the  American, 
commissioners  to  Sir  Guy  Carleton.  Letter  of  June  14th, 
1 783,  Irom  the  American  commissioners  to  General  Wash- 
ington. Extract  of  remonstrance  of  June  1 7th,  1 783,  from 
the  American  commissioners  to  Sir  Guy  Carleton.  Letter 
of  January  18th,  1784,  from  the  American  commissioner*. 
to  General  Washington. 

Extract  of  a  letter  from  Sir  Guy  Carleton  to  General  Wash- 
ington, of  May  12,  1783. 

"  I  enclose   a  copy  of  an  order  which  I   have  given 
put  to  prevent  the   carrying  a.way  any  negroes  or  ptber 
voe.  v.  28 


-iJl#  AMERICAN' 

property  of  the  American  inhabitants.  I  understand  from 
the  gentlemen  therein  named,  that  they  visited  the  fleet, 
bound  to  Nova  Scotia,  and  ordered  on  shore  whatever 
came  clearly  under  the  above  description  :  there  appeared 
to  be  but  little  difference  of  opinion  except  in  the  case  of 
the  negroes  who  had  been  declared  free,  previous  to  my 
arrival.— As  I  had  no  right  to  deprive  them  of  that  liberty 
I  found  them  possessed  of,  an  accurate  register  was  taken 
of  every  circumstance  respecting  them  so  as  to  serve  as  a 
record  of  the  name  of  the  original  proprietor  of  the  negro, 
and  as  a  rule  by  which  to  judge  of  his  value.  By  this 
open  method  of  conducting  the  business,  I  hoped  to  pre- 
vent all  fraud,  and  whatever  might  admit  of  different  con- 
structions is  left  open  for  future  explanation  or  compensa- 
tion. Had  these  negroes  been  denied  permission  to  embark, 
they  would,  in  spite  of  every  means  to  prevent  it,  have 
found  various  methods  of  quitting  this  place,  so  that  the 
former  owner  would  no  longer  have  been  able  to  trace 
them,  and  of  course  would  have  lost  in  every  way  all 
chance  of  compensation. 

"  This  business  carried  on  in  this  publick  manner,  and 
the  orders  nominating  persons  to  superintend  embarkations 
published  in  the  gazette,  I  had  no  reason  to  think  either 
the  embarkation  or  any  circumstance  attending  it  could 
have  been  matter  of  surprise  to  your  excellency  on  the  6th 
of  May.  I  then,  however,  learned  with  concern,  that  the 
embarkation  which  had  already  taken  place,  and  in  which 
a  large  number  of  negroes  had  been  conveyed  away,  ap- 
peared to  your  excellency  as  a  measure  totally  different 
from  the  letter  and  spirit  of  the  treaty. 

"  The  negroes  in  question  I  have  already  said  I  found 
free  when  I  arrived  at  New  York,  I  had  therefore  no  right, 
as  I  thought,  to  prevent  their  going  to  any  part  of  the  world 
they  thought  proper. 

••  I  must  confess  that  the  mere  supposition,  that  the 
king's  minister  could  deliberately  stipulate  in  a  treaty  an 
engagement  to  be  guilty  of  a  notorious  breach  of  the  pub- 
lick  faith,  towards  people  of  any  complexion,  seems  to 
denote  a  less  friendly  disposition  than  I  could  wish,  and 
I  think  less  friendly  than  we  might  expect.  After  all, 
I  only  give  my  own  opinion.  Every  negro's  name  is 
registered,  the  master  he  formerly  belonged  to,  with 
such  other  circumstances  as  serve  to  denote  his  value, 
that  it  may  be  adjusted  by  compensation,  if  that  was  really 


STATE    PAPERS.  219 

the  intention  and  meaning  of  the  treaty.  Restoration, 
where  inseparable  from  a  breach  of  publick  faith,  is,  as  the 
world,  I  think,  must  allow,  utterly  impracticable.  I  know 
of  no  better  method  of  preventing  abuse,  and  the  carrying 
away  negroes,  or  other  American  property,  than  that  I  pro- 
posed to  the  minister  for  foreign  affairs,  in  my  letter  of  the 
14th  of  April,  the  naming  commissioners  to  assist  those 
appointed  by  me,  to  inspect  all  embarkations,  and  I  am 
pleased  to  find  your  excellency  has  approved  of  this 
method,  and  appointed  Egbert  Benson,  Esq.  lieutenant 
colonel  Smith,  and  Daniel  Parker,  Esq.  one  of  the  contrac- 
tors for  supplying  your  army  with  provisions,  commis- 
sioners on  your  part  for  this  purpose." 

I  am,  sir,  &c.  GUY  CARLETON. 


From  the  Commissioners  to  Sir  Guy  Carleton.     May  24. 

1783. 

Sir, — With  this  we  do  ourselves  the  honoiiKto  transmit 
your  excellency  the  case  of  James  Van  Derburgh,  Esq.  an 
inhabitant  of  this  state,  and  conformable  to  the  instructions 
contained  in  our  commission,  it  becomes  our  duty  to  re- 
quest that  your  excellency  will  please  to  direct  that  the 
claim  of  Mr.  Van  Derburgh  may  be  inquired  into,  and  if, 
'on  such  inquiry,  the  facts,  as  stated,  should  be  proved,  that 
the  horse  may  then  be  delivered  to  Mr.  Van  Derburgh. 
We  have  the  honour  to  be,  &c. 

EGBERT  BENSON, 
W.  S.  SMITH. 


The  Case  of  James  Van  Derburgh,  Esquire. 

Mr.  Van  Derburgh  had  a  horse  stolen  from  him,  out 
of  his  stable,  in  Beckman's  precinct,  in  Dutchess,  county, 
twenty-sixth  of  February,  1780;  and  the  horse  was  con- 
veyed by  the  persons  who  stole  him  to  a  then  British  post, 
in  West  Chester  county,  where  he  has  since  been  detained, 
*o  that  Mr.  Van  Derburgh  could  not  recover  him  again. 
The  horse  is  now  in  the  possession  of  colonel  James  De 
Lancy,  of  this  city,  from  whom  Mr.  Van  Derburgh  has 
demanded  him,  and  who  refuses  to  deliver  him  to  Mr.  Van 
Derburgh. 


220  AMERICAN 

From   Sir    Guy    Carleton    to    the    Commissioners,     Mew 
York,  May  29,  1783. 

Gentlemen, — I  am  directed  to  inform  you,  in  answer  to 
your  letter  of  the  twenty-fourth  instant,  that  after  the  most 
attentive  review  by  the  commander  in  chief  of  his  letter  to 
the  honourable  R.  R.  Livingston,  which  has  become  the 
declared  ground  of  your  commission,  he  is  not  able  (sus- 
pending all  other  considerations)  to  perceive  either  in  that 
letter,  or  in  any  clause  of  your  instructions,  any  authority 
for  your  officially  claiming,  on  behalf  of  Mr.  Van  Der- 
burgh,  a  horse,  stolen  or  taken  in  Dutchess  county,  in 
the  year  1 780,  and  which  you  do  not  even  suggest  to  be  in 
danger  of  being  presently  embarked  and  carried  away.  I 
have  the  honour  to  be,  gentlemen,  &c. 

M.  MORGANN. 

Qopy  of  a  Remonstrance  from  the  Commissioners  to  Sir 
Guy  Carleton.     New   York,  June  9,   1783. 

The  undersigned  commissioners,  in  behalf  of  the  United 
States  of  America,  do  represent  to  your  excellency,  that, 
on  Friday  last,  the  board,  composed  of  the  commissioners 
appointed  by  your  excellency  and  of  the  undersigned,  ex- 
amined into  the  claim  of  Mr.  Philip  Lott  to  a  negro  named 
Thomas  Francis,  now  on  board  a  vessel  called  the  Fair 
American,  in  this  harbour,  and  about  to  be  carried  off  to 
the  island  of  Jamaica ;  that  on  such  examination  it  ap- 
peared to  the  board  that  Mr.  Lott  purchased  the  aforemen- 
tioned negro  from  Mr.  Elihu  Spencer,  of  New  Jersey,  and 
that  the  said  negro  came  within  the  British  lines  the 
second  day  of  November  last,  and  was  enlisted,  by  captain 
Thelwall,  in  a  corps  distinguished  by  the  name  of  the 
Jamaica  Rangers.  Captain  Thelwall  produced  to  the 
board  a  certificate,  from  the  commandant  of  (his  city,  that 
the  said  negro  came  within  the  British  lines,  under  the 
sanction  of  the  proclamation  respecting  negroes. 

The  undersigned,  therefore,  in  conformity  to  that  part  of 
their  commission  whereby  they  are  required  "  to  attend 
particularly  to  the  due  execution  of  that  part  of  the  7th 
article  of  the  provisional  treaty,  where  it  is  agreed,  his 
Britannick  majesty  shall  withdraw  his  armies,  &c.  without 
causing  any  destruction,  or  carrying  away  any  negroes  or 
other  property  of  the  American  inhabitants,"  do  request 


STATE    PAPERS.  221 

of  your  excellency,  that  the  said  captain  Thelvvall  may  be 
prohibited  from  carrying  away  the  said  negro,  and  in  conr 
t'ormity  to  that  part  of  their  commission,  whereby  they  are 
required  "  to  obtain  the  delivery  of  all  negroes,  and  other 
property  of  the  inhabitants  of  the  United  States  in  the 
possession  of  the  British  forces,  or  any  subjects  of,  or  ad- 
herents to  his  Britannick  majesty,"  do  further  request  of 
your  excellency  that  the  said  negro  may  be  delivered  to 
Mr.  Lott. 

The  undersigned  do  themselves  the  honour,  herewith, 
to  transmit  to  your  excellency  a  copy  of  an  act  of  the 
United  States  in  Congress  assembled  of  the  twenty-sixth 
of  May  last,  which  has  been  transmitted  to  them  by  his 
excellency  general  Washington,  with  directions  to  pay 
strict  attention  to  the  injunctions  of  Congress  contained  in 
the  said  act ;  and  as  the  undersigned  are  by  their  com- 
mission enjoined  to  represent  to  the  commander  in  chief 
of  the  British  forces  in  this  city  every  infraction  of  the  ar- 
ticles of  peace,  it  therefore  becomes  their  duty  to  remon- 
strate to  your  excellency  against  your  permitting  any  ne- 
groes, the  property  of  the  citizens  of  these  states,  to  leave 
this  city,  and  to  insist  on  a  discontinuance  of  that  measure. 

EGBT.  BENSON. 

WILLM.  S.  SMITH. 

DANIEL  PARKER. 


Copy  of  a  letter  from  the  Commissioners  to  General  Wash- 
ington.    Nczo   York,  June   14,   1783. 

Sir, — We  do  ourselves  the  honour  to  acknowledge  the 
receipt  of  your  excellency's  letter  of  the  second  instant, 
covering  the  act  of  Congress  of  the  twenty -sixth  ultimo, 
and  we  also  do  ourselves  the  honour  to  transmit  your  ex- 
cellency a  copy  of  a  memorial  which  we  presented  to 
sir  Guy  Carleton  on  Monday  last,  to  which  we  have  not,  as 
yet,  received  any  answer,  except  a  verbal  message  by 
his  deputy  secretary,  that  he  did  not  conceive  an  answer 
;»t  this  time  necessary. 

Your  excellency  will  recollect,  that  in  answering  our 
claim  for  restitution  in  the  case  of  Mr.  Vanderburgh,  sir 
Guy  Carleton  intimated  an  impropriety  in  the  claim,  as  the 
property  was  not  suggested  to  be  in  danger  of  being  sent 
away  :  this  left  room  for  an  idea  that,  possibly,  properly 
about  to  be  .sent  away  would  be  restored,  and  we  apprize 


'2k22  AMERICAN. 

ed  your  (excellency  that  we  should  take  the  fii'3t  fair  oc- 
casion which  should  present  itself,  to  remove  all  doubt  on 
this  point,  and  with  this  view  we  made  the  requisition  in 
behalf  of  Mr.  Lott ;  and  we  conceive  it  is  now  reduced 
to  a  certainly,  that  all  applications  for  the  delivery  of 
property  will  be  fruitless,  and  we  shall  therefore  desist 
from  them. 

That  part  of  the  memorial  which  is  in  the  nature  of  a 
remonstrance,  is  in  consequence  of  the  resolution  of  Con- 
gress, and  your  excellency's  letter,  which  accompanied  it. 

Yesterday  we  assisted  in  superintending  an  embarka- 
tion, consisting  of  fourteen  transports  bound  to  Nova  Sco- 
tia, having  on  board,  as  nearly  as  we  could  estimate,  about 
three  thousand  souls,  among  which  were  at  least  one  hun- 
dred and  thirty  negroes,  who  appeared  to  be  property  of  the 
citizens  of  the  United  States,  and  as  this  embarkation  was 
made  since  we  presented  our  memorial,  and  as  it  were  in 
the  face  of  it,  we  submit  it  to  your  excellency,  whether  it 
is  necessary  for  us  further  to  remonstrate  to  sir  Guy 
Carleton  against  his  permitting  slaves,  the  property  of 
American  subjects,  to  leave  this  place,  and  could  wish  to 
receive  your  excellency's  directions  on  that  subject.  We 
itave  the  honour  to  be,  &c,  EGBT.  BENSON. 

DANIEL  PARKER. 


Extract  of  a   Remonstrance  from  the    Commissioners    to 
Sir  Gvy  Carleton.     New   York,  June  17,   1783. 

The  undersigned  commissioners  in  behalf  of  the  United 
States  of  America  did,  with  intent  to  comply  with  their 
instructions  directing  thorn  ki  to  assist  such  persons  as 
should  be  appointed  by  your  excellency  in  superintending 
and  inspecting  such  embarkations  as  the  evacuation  oi 
this  place  should  require,"  on  Friday  last  assist  the  com- 
missioners appointed  by  your  excellency  in  superintend- 
ing and  inspecting  an  embarkation  made  by  direction  of 
your  excellency,  and  consisting  of  fourteen  transports  in 
the  pay  and  service  of  the  crown  of  Great  Britain,  bound 
for  the  province  of  Nova  Scotia,  and  having  on  board,  as 
near  as  the  undersigned  could  estimate,  at  least  two  thou- 
sand white  persons,  who,  a  few  individuals  excepted,  ap- 
peared to  be  persons  in  civil  life,  and  inhabitants  of  the 
United  States  ;  and  having  also  on  board  upwards  of  one 
hundred  negroes,  seventy-three  of  which  appeared  to  be 


STATS  PAPERS.  223' 

the  property  of  American  subjects  not  residing  within  the 
British  lines. 

The  undersigned,'therefore,  in  order  to  guard  against 
improper  inferences  from  their  silence  on  this  occasion,  and 
from  their  conduct  in  future,  conceive  it  incumbent  on  them 
to  represent  to  your  excellency,  that,  notwithstanding  any 
act  on  their  part  in  superintending  or  inspecting  the  above 
mentioned,  or  any  other  embarkation,  they  do,  and  shall 
consider  the  permission  from  your  excellency  to  any  ne- 
groes, belonging  to  the  citizens  of  these  states,  to  leave 
this  city,  as  an  infraction  of  the  treaty  of  peace,  agreeable 
to  their  representation  of  the  ninth  instant ;  and  that  they 
do  not,  neither  can  they  consider  the  said  embarkation  or 
any  other  of  a  similar  nature,  as  an  embarkation  which  the 
evacuation  of  this  place  requires. 

From  the  Commissioners  to  his  Excellency  General  Washing- 
ton.    JVca?  York,  Jan.  18,  1784. 

Sir, — The  British  troops  being  wholly  withdrawn  from 
this  place,  it  only  remains  to  the  closing  the  business  un- 
der your  excellency's  commission  to  us  of  the  eighth  of 
May  ult.  that  we  should  report  our  proceedings. 

We  presume  it  will  be  needless  to  recapitulate  our  for- 
mer communications,  vand  therefore,  take  the  liberty  of 
referring  to  our  letters  to  your  excellency  of  the  thirtieth 
of  May,  fourteenth  and  eighteenth  of  June  last,  with  their 
respective  enclosures. 

As  sir  Guy  Carle  ton  did  not,  except  in  one  or  two  in- 
stances, answer  our  representations,  wc  forbore  to  make 
further  representation.  We  interpreted  his  silence  into  a 
determination  that  all  future  application  from  us  should 
remain  equally  unnoticed,  and  therefore  presumed,  thru 
they  would  be,  not  only  fruitless,  but  also  derogatory  to 
the  dignity  of  the  sovereignty  by  whose  authority  we  were 
commissioned. 

From  our  first  arrival  in  this  city  hitherto,  we  have, 
whenever  we  were  formally  requested  by  the  British  com- 
missioners, assisted  them  in  superintending  embarkations. 
These  embarkations  were  always  made  in  vessels  in  the 
pay  and  service  of  the  crown  of  Great  Britain,  and  the 
superintendence  consisted  in  visiting  the  ships  after  the) 
were  laden  and  ready  for  sailing,  and  taking  an  account 
of  the  negroes,  which  the.  captain  informed  us  were  on 


224  AMERICAN 

board,  and  which  were  also  produced  to  us.  The  cap- 
tains were  then  asked,  whether  they  had  any  other  Ameri- 
can property  on  board.  They  all  answered  in  the  nega- 
tive, and  this  was  received  as  evidence,  without  further 
scrutiny  or  examination.  A  descriptive  list  of  negroes 
your  excellency  will  receive  with  this.  This  list,  as  to  the 
names  of  the  negroes  and  places  of  residence  of  their  mas- 
ters, is  formed  from  the  declaration  of  the  negroes  them- 
selves, made  to  the  British  commissioners  in  our  presence. 

We  conceive  it  requisite  to  inform  your  excellency,  that 
sir  Guy  Carleton  retained  and  exercised  the  authority  of 
entering  and  clearing  out  merchant  vessels,  at  this  port, 
which  were  never  submitted  to  any  inspection,  and  conse- 
quently, it  is  impossible  for  us  to  determine,  for  a  certain- 
ty, the  number  of  negroes,  or  the  amount  of  other  property 
belonging  to  the  citizens  of  the  United  States,  which 
were  carried  away  in  those  vessels,  neither  do  we  know 
that  any  measures*  were  used  by  the  British  government 
to  ascertain  these  points.  Sir  Guy  Carleton  affected  to 
distinguish  between  the  cases  of  such  negroes  as  came 
within  the  British  lines,  in  consequence  of  the  promises  of 
freedom  and  indemnity  held  out  in  the  proclamations  of 
his  predecessors,  and  such  as  came  in,  either  previous  to 
the  proclamations,  Or  subsequent  to  the  cessation  of  hos- 
tilities. Negroes  of  the  first  description  he  supposed  not 
included  in  the  treaty,  as  the  publick  faith  had,  prior  to 
the  treaty,  been  pledged  to  them  for  their  security  against 
the  claims  of  their  former  masters.  Admitting  this  dis- 
tinction to  be  just,  we  would  mention  a  circumstance  to 
your  excellency,  which  we  suppose  no  otherwise  material, 
than  to  show,  that  sir  Guy  Carleton,  or  at  least  that  his 
subordinate  officers  did  not  intend  to  observe  the  treaty, 
even  agreeable  to  their  own  limited  construction  of  it. 

Whenever  the  negroes,  at  an  inspection  of  an  embarka- 
tion, were  examined,  they  always,  except  in  a  very  few 
instances,  produced  a  printed  certificate  from  the  com- 
mandant of  the  city,  countersigned  by  his  secretary,  pur- 
porting that  they  came  within  the  British  lines  in  conse- 
quence of  the  proclamations  issued  by  sir  Henry  Clinton 
and  others.  We  were  sensible,  as  there  was  no  mode 
prescribed  for  investigating  these  matters,  that  it  was 
impossible  the  commandant  or  his  secretary  could,  in 
every  case,  have  sufficient  proof  of  the  time  of  the  negroes 
coming  in,  and  therefore  concluded  there  must  be  an  abuse. 


STATE    PAPERS.  225 

In  ibis  we  wore  not  deceived  ;  for  it  appears,  that  certifi- 
cates with  blanks  were  given  by  the  commandant  to  indi- 
viduals, to  be  filled  up  as  their  convenience  might  require. 
Oiie  of  these  blank  certificates  have  fallen  into  our  hands, 
and  we  transmit  it  to  your  excellency. 

Sir  Guy  Carleton,  during  the  whole  of  the  time  from 
our  arrival  in  this  city  until  his  departure  on  the  25th  of 
November,  exercised  the  same  kind  of  jurisdiction  in  this 
city,  and  on  Long  Island,  and  Staten  Island,  and  as  fully 
as  his  predecessors  in  command  had,  at  any  period  of  the 
war.  And  in  the  exercise  of  this  jurisdiction,  he  retained 
the  regulation  of  the  commerce  of  this  port,  continued  to 
lease  and  receive  the  rents  of  a  number  of  houses  in  this 
city,  which  had  been  previously  taken,  and  the  rents  appro- 
priated by  the  British  government  here  as  belonging  to  per- 
sons residing  without  their  lines,  and  by  them,  therefore,  de- 
clared as  being  in  rebellion,  he  refused,  except  in  a  very 
few  instances,  to  restore  persons,  who  were  desirous  of 
returning  to  their  former  habitations,  the  possession  of 
their  estates,  and  caused  several  citizens  of  the  United 
States  to  be  apprehended,  and  tried  by  courts  martial.  A 
considerable  embarkation  of  negroes  took  place  the  day 
this  city  was  evacuated.  The  hurry  of  business,  on  the 
part  of  the  Britons,  is  the  ostensible  reason  why  we  were 
not  invited  to  the  inspection,  as  appears  by  a  letter  from 
captain  Gilfillan.     We  have  the  honour  to  be,  &c. 

EGBT.  BENSON. 

W.  S.  SMITH. 

DAN.  PARKER. 


m 


THE    BLANK    CERTIFICATE. 

New  York,  April  23,  1783. 
This  is  to  certify,  to  whomsoever  it  may  concern, 
that  the  bearer  hereof,  a  negro,  re- 

sorted to  the  British  lines,  in  consequence  of  the  procla- 
mations of  sir  William  Howe  and  sir  Henry  Clinton,  late 
commanders  in  chief  in  America  ;  and  that  the  said  negro 
has  hereby  his  excellency  sir  Guy  Carleton's  permission 
to  go  to  Nova  Scotia,  or  wherever  else  ma\ 

think  proper. 

By  order  of  brigadier  general  Birch,  commandant  of 
the  city  and  garrison  of  New  York,  this  day  of 

April,  Annoque  Domini,  1783. 

E.  WILLIAMS.  Major  of  Brigade. 
vol.  i.  29 


228  AMERICAN 

Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain^ 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia,  Dec, 
19,  1791. 

Sir, — I  have  the  honour  of  acknowledging  the  receipt 
of  your  letter  of  the  1 5th  current,  and  of  expressing  my 
perfect  approbation  of,  and  concurrence  in  the  mode  you 
have  suggested  of  discussing  the  several  particulars  rela- 
tive to  the  non-execution  of  the  definitive  treaty  of  peace. 

In  conformity  to  your  example,  I  am  now  preparing  an 
abstract  of  the  circumstances  that  appear  to  me  contra- 
ventions, on  the  part  of  the  United  States,  of  the  fourth,, 
fifth,  and  sixth  articles  of  that  treaty.  This  abstract  I 
intend  to  present  to  you,  sir,  with  as  little  delay  as  the 
extensive  nature  of  the  subject  under  consideration  wil^ 
admit.     I  have  the  honour  to  be,  &c. 

GEO.  HAMMOND. 

Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia, 
March  5,  1 792. 

Sir, — In  conformity  to  the  mode  which  you  have  pur- 
sued and  suggested,  I  have  now  the  honour  of  submitting 
to  you  an  abstract  of  such  particular  acts  of  the  United 
States,  as  appear  to  me  infractions,  on  their  part,  of  the 
definitive  treaty  of  peace,  concluded  between  the  king 
my  master  and  the  United  States.  The  necessity  of  col- 
lecting from  distant  parts  of  this  continent  the  requisite 
materials,  of  combining  and  arranging  them,  has  occasion- 
ed a  much  longer  delay  in  presenting  to  you  this  abstract 
than  I  at  first  apprehended  :  I  trust,  however,  that  it  will 
be  found  so  comprehensive  as  to  include  every  cause  of 
complaint,  resulting  from  the  treaty,  and  so  fully  substan- 
tiated as  to  require  no  subsequent  elucidations  to  prove 
and  to  confirm  the  facts  which  I  shall  specify. 

Many  of  the  legislative  acts  and  judicial  determinations, 
which  I  shall  adduce  as  violations  of  the  treaty,  having  been 
common  to  a  majority  of  the  states,  I  have  thought  it  ex- 
pedient, in  order  to  avoid  repetitions,  not  to  discuss  the 
tendency  and  extent  of  their  operation  in  the  several 
states  distinctly  and  separately,  but  to  reduce  the  infrac- 
tions under  general  heads,  and  to  throw  into  the  form  of 


STATE    PAPERS.  22? 

1m  appendix  references  to  justify  and  explain  the  docu- 
ments by  which  they  are  authenticated. 

Although  I  have  employed  every  exertion  in  my  power 
to  acquire  the  most  accurate  and  general  information 
upon  the  respective  points  comprehended  in  this  abstract, 
k  is  still  possible,  that  many  materials  may  have  been  out 
of  my  reach,  or  that,  in  the  extensive  collection  of  laws 
and  of  other  documents  which  I  have  been  obliged  to  pe- 
ruse and  digest,  many  objects  may  have  escaped  my 
notice.  It  is  possible,  that  acts  of  the  states,  of  which  I 
have  complained,  as  militating  against  the  treaty  of  peace, 
may  have  been  repealed  or  modified  by  succeeding  legis- 
latures ;  and  that  decisions  of  the  state  courts,  which  T 
have  alleged  as  violations  of  the  treaty,  may  have  been 
rectified  by  subsequent  determinations.  I  am  not  con- 
scious of  any  errours  or  misrepresentations  of  this  nature  ; 
but  if  any  such  should  exist  in  the  abstract,  I  desire  you, 
sir,  to  be  persuaded,  that  they  have  been  totally  uninten- 
tional on  my  part,  and  that  I  shall  be  extremely  solicitous 
to  have  them  explained  and  corrected. 

Immediately  after  the  ratification  of  the  definitive  treaty 
of  peace,  the  Congress  of  the  United  States,  by  a  procla- 
mation, announcing  that  event,  and  by  a  resolve  dated, 
14th  Jan.  1784,  required  and  enjoined  all  bodies  of  ma- 
gistracy, legislative,  executive,  and  judiciary,  to  carry  into 
effect  the  definitive  articles,  and  every  clause  and  sentence 
thereof,  sincerely,  strictly,  and  completely — and  earnestly 
recommended  to  the  legislatures  of  the  respective  states 
to  provide  for  the  restitution  of  all  estates,  rights,  and  pro- 
perties confiscated,  belonging  to  real  British  subjects,  and 
of  estates,  rights,  and  properties  of  persons  resident  in 
districts  in  possession  of  his  majesty's  arms,  between  the 
30th  Nov.  1782,  and  14th  Jan.  1784,  who  had  not  borne 
arms  against  the  United  States ;  and  that  persons  of  any 
other  description  should  have  liberty  to  go  to  any  part  of 
the  United  States,  to  remain  twelve  months,  unmolested 
in  their  endeavours  to  obtain  the  restitution  of  their  estates, 
rights,  and  properties  confiscated.  It  was  also  recom- 
mended to  the  several  states  to  reconsider  and  revise  all 
laws  regarding  the  premises,  so  as  to  render  them  perfectly 
consistent  with  justice  and  that  spirit  of  conciliation,  which, 
on  the  return  of  the  blessings  of  peace,  should  universally 
prevail — and  it  was  farther  recommended,  that  the  estates, 
rights,  and  properties  of   such   last  mentioned  persons 


228  AMERICAN 

should  be  restored  to  them,  they  refunding  the  bona  tide 
price,  paid  on  purchasing  any  of  the  said  lands,  rights,  and 
properties,  since  the  confiscation. 

In  consequence  of  the  little  attention,  which  had  been 
manifested  to  this  proclamation  and  recommendation,  and 
of  the  answer  given,  (20th  Feb.  1 786)  by  the  marquis  of 
Carmarthen,  to  the  requisitions  of  Mr.  Adams,  respecting 
the  posts  and  territories,  ceded  by  the  treaty  of  peace  to 
the  United  States,  the  Congress  transmitted,  in  April, 
1787,  a  circular  letter  to  the  governours  of  the  respective 
states,  recommending  it  to  the  different  legislatures  to 
repeal  such  acts,  or  parts  of  acts,  as  were  repugnant  to 
the  treaty  of  peace  between  his  Britannick  majesty  and 
the  United  States,  or  any  article  thereof,  and  that  the 
courts  of  law  and  equity  should  he  directed  and  required, 
in  all  causes  and  questions  cognizable  by  them  respec- 
tively, and  arising  from,  or  touching  the  said  treaty,  to 
decide  and  adjudge  according  to  the  tenour,  true  intent,  and 
meaning  of  the  same,  any  thing  in  the  said  acts  or  parts  of 
acts  to  the  contrary  thereof  in  any  wise  notwithstanding. 

In  this  circular  letter,  after  enforcing  in  the  most  ener- 
getick  manner  the  regard,  due  to  solemn  national  compacts, 
and  the  impropriety  of  the  individual  states  attempting  to 
contravene,  or  even  discuss  stipulations,  which  had  been 
sanctioned  by  their  general  government,  the  Congress 
further  declare,  '  they  have  deliberately  and  dispassion- 
ately examined  and  considered  the  several  facts  and  mat- 
ters urged  by  Great  Britain  as  infractions  of  the  treaty  of 
peace,  on  the  part  of  America  ;  and  regret,  that,  in  some 
of  the  states,  too  little  attention  appears  to  have  been  paid 
to  the  publick  faith,  pledged  by  the  treaty.' 

It  is  observable  that  Congress,  neither  in  this  proclama- 
tion nor  recommendation,  take  any  notice  of  the  fourth 
article  of  the  treaty  of  peace,  by  which  it  was  agreed  that 
creditors  on  either  side  should  meet  with  no  lawful  impe- 
diment to  the  recovery  of  the  full  value,  in  sterling  money, 
of  all  bona  fide  debts,  theretofore  contracted  ;  nor  does 
either  the  proclamation  or  recommendation  extend  to  the 
stipulations  in  the  close  of  the  fifth  article,  whereby  it  was 
agreed  that  all  persons  who  have  any  interests  in  confis- 
cated lands,  either  by  debts,  marriage  settlements,  or 
otherwise,  should  meet  with  no  lawful  impediment  in  the 
prosecution  of  their  just  rights. 

This  omission  of  these  essential  points  can  only  be  as- 


S'frATE  PAPERS.  229 

cribed  to  the  conviction  that  Congress  entertained,  that  it 
was  totally  unnecessary  to  specify  them,  as  they  were  stipu- 
lations positive  and  obligatory  upon  the  individual  states, 
and  that  no  local  regulation  was  competent  either  to  con- 
lirm  or  invalidate  them.  It  does  not,  however,  appear  that 
this  proclamation  and  recommendation  had  any  general 
and  extensive  effect  upon  the  legislatures  of  the  respective 
states,  as,  in  consequence  thereof,  even  the  formality  of  a 
municipal  adoption  of  the  treaty,  cither  in  the  nature  of  a 
repeal  of  existing  laws,  repugnant  to  the  treaty  of  peace, 
or  of  a  declaratory  law,  establishing  the  treaty  of  peace 
as  the  supreme  law  of  the  land,  seems  to  have  been  con- 
fined to  a  small  portion  of  the  several  states. 

Having  thus  stated  the  measures  pursued  by  Congress 
to  give  validity  and  effect  to  the  engagements  contained 
in  the  treaty  of  peace,  it  is  now  expedient  to  specify  in 
detail  the  particular  acts,  which  Great  Britain  considers 
as  infractions  of  the  treaty  on  the  part  of  the  United  States ; 
and  it  will  tend  to  simplify  the  discussion,  to  make  the 
following  arrangement : 

i.  To  define  what  Congress  has  enforced  or  omitted. 

II.  To  advert  to  the  conduct  observed  by  the  individual 
states  generally,  in  respect  to  the  treaty  of  peace. 

In  not  repealing  laws  that  existed  antecedently  to  the 
pacification, 

In  enacting  laws  subsequent  to  the  peace  in  contraven- 
lion  of  the  treaty, 

And  in  the  decisions  of  the  state  courts  upon  questions 
affecting  the  rights  of  British  subjects. 

As  to  the  first  of  these  points,  it  cannot  be  presumed, 
that  the  commissioners,  who  negotiated  (he  treaty  of  peace, 
would  engage  in  behalf  of  Congress  to  make  recommenda- 
tions to  the  legislatures  of  the  respective  States,  which 
they  did  not  expect  to  be  effectual,  or  enter  into  direct 
stipulations,  which  they  had  not  the  power  to  enforce. 
And  yet  the  laws  were  not  repealed  which  Congress  re- 
commended to  be  repealed,  nor  were  the  stipulations 
enforced  which  Congress  was  absolutely  pledged  to  fulfil. 
If  does  not  appear — that  any  of  the  state  legislatures  re- 
pealed their  confiscation  laws,  or  provided  for  the  restitu- 
tion of  all  estates,  rights  and  properties  of  real  British 
subjects  which  had  been  confiscated,  and  of  persons  resi- 
dent in  districts  in  the  possession  of  his  majesty's  arms, 
who  had  not  borne  arms  against  the  United' States — that" 


230  AMERICAN 

persons  of  other  descriptions  were  at  liberty  to  remain 
twelve  months  in  the  United  States,  unmolested  in  their 
endeavours  to  obtain  the  restoration  of  their  confiscated 
estates,  rights  and  properties — that  the  acts  of  the  several 
states  which  respected  confiscations,  were  in  many  of  the 
stales  reconsidered  or  revised — nor,  finally,  have  British 
creditors  been  countenanced  or  supported  either  by  the 
respective  legislatures,  or  by  the  state  courts,  in  their  en- 
deavours to  recover  the  full  value  of  debts,  contracted 
antecedently  to  the  treaty  of  peace.  On  the  contrary,  in 
some  of  the  states,  the  confiscation  laws  have  been  acted 
upon  since  the  peace,  and  new  legislative  regulations  have 
been  established  to  carry  them  into  effect.  In  many  of 
the  states,  the  subjects  of  the  crown,  in  endeavouring  to 
obtain  the  restitution  of  their  forfeited  estates  and  property, 
upon  refunding  the  price  to  the  purchasers,  have  been 
treated  with  indignity — menaced,  exposed  to  personal  dan- 
ger, and  in  some  instances  imprisoned.  Prosecutions  have 
been  commenced  against  his  majesty's  subjects  for  the 
part  which  they  had  taken  in  the  late  war.  In  many  of 
the  states,  laws  have  actually  passed,  delaying  the  legal 
investigation  of  just  claims,  and  abridging  the  demands  of 
British  merchants.  Local  regulations,  in  respect  to  the 
tender  of  property,  in  discharge  of  just  debts,  have  pre- 
vailed to  such  an  extent  as  to  amount  to  a  prohibition  of 
suits.  Paper  money,  emitted  by  particular  states,  has 
been  made  at  its  nominal  value  legal  tender  and  payment, 
for  all  debts,  for  the  recovery  of  which  actions  were  com- 
menced at  the  time  when  money  of  that  description  was 
greatly  depreciated.  Creditors,  too,  in  some  of  the  states, 
were  exposed  to  the  necessity  of  taking  real  or  personal 
property,  at  a  valuation  made  by  a  partial,  prejudiced,  or 
interested  neighbourhood,  while,  in  other  states,  when  the 
question  of  alienage  has  been  under  discussion,  the  courts 
of  law  and  equity  have  determined,  that  a  subject  of  Great 
Britain,  residing  within  the  king's  dominions,  at  and  after 
the  declaration  of  independence,  was  not  competent  to 
acquire  or  hold  real  property  within  the  United  Stales. 
In  many  of  the  state  courts,  decisions  have  taken  place, 
reducing  the  amount  of  British  debts,  in  violation  of  the 
terms  of  the  original  contracts,  and  some  of  those  courts 
have  positively  refused  to  take  cognizance  of  suits,  insti- 
tuted for  the  recovery  of  British  debts.  These  facts  will 
be  more  fully  illustrated  under  the  -next  head  of  arrange* 
^nent. 


STATE  PAPERS ,  231 

w.  To  advert  to  the  conduct  observed  by  the  individual 
Rtates,  generally,  in  respect  to  the  treaty  of  peace. 

1st.  In  not  repealing  the  laws  that  existed  antecedently 
to  the  pacification. 

During  the  war,  the  respective  legislatures  of  the  Unit- 
ed states  passed  laws  to  confiscate  and  sell,  to  sequester, 
take  possession  of,  and  lease,  the  estates  of  the  loyalists, 
and  to  apply  the  proceeds  thereof  towards  thq  redemption 
of  certificates  and  bills  of  credit,  or  towards  defraying  the 
expenses  of  the  war — to  enable  debtors  to  pay  into  the 
state  treasuries,  or  loan  offices,  paper  money,  then  ex- 
ceedingly depreciated,  in  discharge  of  their  debts.  Under 
some  of  the  laws,  many  individuals  were  attainted  by 
name,  others  were  banished  for  ever  from  the  country, 
and,  if  found  within  the  state,  declared  felons,  without 
benefit  of  clergy.  In  some  states,  the  estates  and  rights 
of  married  women,  of  widows,  and  of  minors,  and  of  per- 
sons who  had  died  within  the  territories  possessed  by  the 
British  arms,  were  forfeited.  Authority  also  was  given  to 
the  executive  department  to  require  persons  who  adhered 
to  the  crown  to  surrender  themselves,  by  a  given  day,  and 
to  abide  their  trials  for  high  treason  ;  in  failure  of  which, 
the  parties  so  required  were  attainted,  were  subject  to,  and 
suffered,  all  the  pains,  penalties,  and  forfeitures  awarded 
against  persons  attainted  of  high  treason.  In  one  state, 
(New  York)  a  power  was  vested  in  the  courts  to  prefer 
bills  of  indictment  against  persons  alive  or  dead,  who  had 
adhered  to  the  king,  or  joined  his  lleets  or  armies,  if  in  full 
life,  and  generally  reputed  to  hold  or  claim,  or,  if  dead,  to 
have  held  or  claimed,  at  the  time  of  their  decease,  real  or 
personal  estate.  And  upon  notice  or  neglect  to  appear 
and  traverse  the  indictment,  or,  upon  trial  and  conviction, 
the  persons  charged  in  the  indictment,  whether  in  full  life 
or  deceased,  were  respectively  declared  guilty  of  the  offen- 
ces charged,  and  their  estates  were  forfeited,  whether  in 
possession,  reversion,  or  remainder.  In  some  of  the  states* 
confiscated  property  was  applied  to  the  purposes  of  pub- 
lick  buildings  and  improvements,  in  others  was  appropri- 
ated as  rewards  to  individuals  for  military  services  render- 
cd  during  the  war;  and,  in  one  instance,  property  mort- 
gaged to  a  British  creditor  was  liberated  from  the  incum- 
brance by  a  special  act  of  the  legislature,  as  a  provision 
for  the  representatives  of  the  mortgager,  who  had  fallen 
in  battle. 


232  AMERICAN 

A  general  repeal  of  these  laws,  under  the  stipulated  ex- 
ceptions, would  have  been  a  compliance  with  the  terms  of 
the  treaty  of  peace.  But  the  restitution  of  the  estates, 
rights,  and  properties,  of  real  British  subjects,  or  of  per- 
sons resident  in  districts  in  possession  of  his  majesty's 
arms,  and  who  had  not  borne  arms  against  the  United 
States,  was  not  provided  for  by  any  local  law,  or  general 
regulation,  nor  did  any  such  law  or  regulation  prevail,  to 
support  persons  of  other  descriptions  in  their  endeavours 
to  obtain  the  restitution  of  such  of  their  estates,  rights,  and 
properties,  as  had  been  confiscated.  Some  of  the  state 
legislatures,  it  is  true,  soon  after  the  peace,  passed  acts, 
in  conformity  to  the  treaty,  to  provide  against  farther  con- 
fiscations, and  to  deliver  up,  under  certain  conditions  and 
assessments,  such  lands  and  tenements,  the  property  of 
persons  described  in  confiscation  laws,  as  had  not  been 
confiscated  by  process  of  law.  Other  states  have,  in  cer- 
tain instances,  upon  application  of  the  children  of  friends 
of  attainted  persons,  passed  laws  to  restore  the  ownership 
of  forfeited  estates,  upon  the  payment  of  a  given  price  in 
depreciated  certificates,  and,  in  others,  without  exacting 
any  consideration  for  the  property  restored.  Acts  of  par- 
don and  oblivion  are  also  to  be  found  in  the  statute  book 
of  some  of  the  states,  but  fettered  with  such  qualifications, 
exceptions,  and  restraints,  as  to  exclude  effectually  from 
the  hope  of  recovery  or  restitution  numbers  who  were  ex- 
pressly within  the  meaning  and  intention  of  the  treaty. 

2d.  In  enacting  laws  subsequent  to  the  peace  in  contra- 
vention of  the  treaty. 

In  statiag  the  particular  acts  that  relate  to  this  head 
of  arrangement,  it  will  be  proper  to  place  them  in  three 
classes. 

1 .  Such  as  relate  to  the  estates  of  the  loyalists  ; 

2.  Such  as  respect  their  persons ;  and  lastly, 

3.  Such  as  obstruct  the  recovery  of  debts  due  to  the 
subjects  of  the  crown. 

1.  Many  of  the  confiscated  estates  being  undisposed  of, 
not  only  at  the  time  the  preliminary  articles  of  peace  were 
signed,  but  even  after  the  conclusion  of  the  definitive  trea- 
ty, it  would  have  been  perfectly  consistent  with  justice, 
and  that  spirit  of  conciliation,  which  ought  to  have  prevail- 
ed upon  the  return  of  the  blessings  of  peace,  to  have  sus- 
pended the  sales  of  property  not  then  disposed  of,  to  have 
repealed  the  laws  of  confiscation,  under  certain  limitations. 


STATE   PAPERS'.  £33 

&nd  to  have  restored  the  rights  of  married  women,  of 
widows,  and  of  minors:  and. though  the  policy  of  the  dif- 
ferent state  governments  might  exact  a  rigid  adherence 
to  forfeitures,  incurred  by  persons  who  had  actually  borne 
arms  during  the  war,  yet  such  a  suspension  of  sales,  repeal 
of  laws,  and  restitution  of  property,  might  have  been  ef- 
fected with  great  convenience  in  a  number  of  iastances, 
and  might  have  been  liberally  extended  to  real  British 
subjects,  and  to  persons  who  had  not  borne  arms  against 
the  United  States,  but  who,  from  local  residence,  were 
liable  to  the  imputation  of  offence,  and  to  the  operation  of 
severe  penal  laws. 

But  immediately  after  the  preliminary  articles  were 
signed,  and  for  many  years  subsequent  to  the  peace,  acts 
passed  the  different  legislatures  of  the  United  States — to 
confirm  forfeitures  and  confiscations  made  by  virtue  of  for- 
mer laws  ;  to  secure  in  their  possessions  persons  who  had 
purchased  forfeited  lands,  tenements,  goods,  and  chattels  ; 
to  sell  confiscated  property  that  remained  unsold  ;  to  resell 
such  as  had  been  already  sold,  and  to  which  no  title  had 
been  given ;  and  to  release  from  their  bargains  persons 
who  had  misconceived  the  modes  of  payment.  In  one 
state,  (Georgia)  many  years  subsequent  to  the  peace,  an 
act  passed  to  compel,  under  severe  penalties,  the  discovery 
of  debts  due  to  merchants  and  subjects  of  the  crown  of 
Great  Britain,  that  had  been  sequestered  by  particular 
regulations.  Under  this  act,  the  auditor  of  that  state  has 
published  a  formal  notice,  manifesting  his  determination 
to  pursue  the  rigid  letter  of  the  law,  and  to  sequester 
British  debts,  in  defiance  of  the  solemnity  of  national  en- 
gagements. In  another  state,  (Maryland)  offers  have 
even  been  held  out  by  legislative  authority  to  persons, 
who,  within  limited  periods,  should  make  discovery  of 
British  property,  to  compound  for  the  same  by  granting 
certain  portions  of  such  as  should  be  discovered :  and 
these  legislative  acts  extended  to  forfeited  rights  and  pro- 
perty generally,  without  discrimination  or  distinctions  of 
persons  plainly  defined  in  the  treaty,  distinctions  which 
the  spirit  of  conciliation  and  the  feelings  of  humanity  most 
forcibly  recommended,  and  which  the  respective  states 
were  fully  competent  to  establish  and  enforce,  when  ap- 
plied to  estates  and  property. -either  unsold  at  the  period 
vol.  u  30 


234  AMERICAN 

of  the  peace,  or  for  which  (owing  to  the  default  of  the  pur- 
chasers) no  titles  had  been  given. 

2d.  In  respect  to  the  persons  who  under  the  treaty  o* 
peace  were  to  have  free  liberty  to  come  to  any  part  of  the 
United  States.  The  permission  in  their  favour  was  in 
terms  the  most  general  and  unqualified ;  and  though  the 
period,  in  which  persons  of  one  description  were  to  re- 
main in  this  country,  was  restricted,  none,  however  ex- 
ceptionable their  political  conduct  might  have  been  con- 
sidered by  the  United  States,  were  debarred  from  the 
means  of  personal  application,  and  of  endeavouring  to 
obtain  the  restitution  of  such  of  their  estates,  rights,  and 
properties,  as  had  been  confiscated.  As  to  those  who, 
under  the  appellation  of  British  subjects,  had  incurred  no 
other  imputation  of  criminality,  than  that  of  adherence  to 
their  sovereign,  and  as  to  others,  who,  though  resident  in 
districts  in  possession  of  his  majesty's  forces,  had  not 
borne  arms  against  the  United  States,  the  express  provi- 
sion in  the  treaty  for  the  restitution  of  the  estates  and  pro- 
perties of  persons  of  both  these  descriptions  certainly 
comprehended  a  virtual  acquiescence  in  their  right  to  re- 
side where  their  property  was  situated,  and  to  be  restored 
to  the  privileges  of  citizenship.  This  virtual  acquiescence 
may  be  justly  assumed  as  an  argument  in  favour  even  of 
those  who  had  borne  arms  against  the  United  States,  and 
who,  if  any  instances  of  this  kind  existed,  had  been  suc- 
cessful in  their  endeavours  to  obtain  the  restoration  of 
their  confiscated  estates  on  refunding  to  the  purchasers 
the  bona  fide  price  that  had  been  paid.  Acts,  however, 
of  proscription,  attainder,  and  banishment,  which  had 
passed  during  the  war,  and  which  extended,  not  only  to 
those  who  had  borne  arms  against  the  United  States,  but 
also  to  those  who  had  borne  arms  against  their  allies,  to 
persons  who  had  left  particular  states,  and  gone  off  with 
the  fleets  or  armies  of  Great  Britain,  to  those  who  had 
attached  themselves  to,  adhered  to,  or  taken  the  protec- 
tion of  the  government,  fleets,  or  armies  of  Great  Britain, 
who  were,  and  still  remained  absent  from  the  states,  who 
had  withdrawn  themselves  from,  and  still  resided  beyond 
the  limits  of  the  United  States,  though  repealed  as  to  cer- 
tain indviduals  therein  named,  remained  in  full  force 
against  numbers  of  every  description  of  persons  defined  in 
the  treaty.     And  subsequent  to   the  peace,  acts  passed 


3TATE    PAPERS;. 

several  of  the  state  legislatures,  for  the  purpose  of  assert- 
ing the  rights  of  the  states  for  preserving  their  indepen- 
dence, and  expelling  such  aliens  as  might  be  dangerous  to 
the  peace  and  good  order  of  government :  whereby  per- 
sons who  had  left  the  states,  gone  off.  to,  or  taken  the  pro- 
tection of  the  government,  fleet,  or  armies  of  Great  Bri- 
tain ;  or  aided,  assisted,  or  abetted  the  same ;  or  had 
borne  arms,  exercised,  or  accepted  military  commands  ;  or 
owned,  or  fitted  out  armed  vessels  to  cruise  against  the 
United  States  or  their  allies ;  or  had  been  joined  to  the 
fleets  or  armies,  or  to  any  volunteer  corps  of  the  king,  or 
had  held  any  office,  at  particular  boards  instituted  during 
the  war ;  and  all  other  absentees  named  in  divers  acts  of 
confiscation,  or  who  had  been  banished,  or  sent  out  of  the 
states,  were  forbidden  to  return  without  license,  at  their 
peril,  or  were  subject  to  disqualifications,  to  prosecution, 
and  tedious  imprisonment,  if  they  remained  after  notice 
given  to  depart  the  state.  In  some  states  the  ceremony 
of  notice  was  dispensed  with,  and  the  parties  upon  being 
found  therein  were  liable  to  imprisonment,  to  the  confisca- 
tion of  the  property  they  possessed,  and,  in  other  states, 
to  the  penalty  of  death.  In  some  of  the  states,  it  is  true, 
permission  was  given  to  certain  individuals  to  return  un- 
conditionally, but  in  others  the  indulgence  was  of  momen- 
tary duration,  and  the  unfortunate  objects  of  it  were  then 
banished  from  their  connections  and  friends  for  ever. 

To  this  it  may  be  added,  that  though  the  treaty  of  peace 
expressly  declares,  That  no  future  confiscations  shall  be 
made,  nor  any  prosecutions  commenced  against  any  per- 
sons for  or  by  reason  of  the  part  which  they  might  have 
taken  during  the  war,  confiscation  acts  have  passed  since 
the  preliminary  articles  were  signed,  and  sales  have  been 
made  of  confiscated  estates  long  since  the  peace.  Acts 
have  also  passed  for  granting  effectual  relief  in  cases  of 
trespasses,  and  pointing  out  modes  for  the  recovery  of 
property  acquired  while  the  king's  troops  occupied  par- 
ticular districts,  whereby  it  was  made  lawful  for  any  in- 
habitants of  the  state,  who  had  left  their  places  of  abode, 
and  had  not  since  voluntarily  put  themselves  into  the  pow- 
er of  the  king's  troops,  to  bring  actions  of  trespass  against 
any  person  who  had  occupied,  injured,  or  destroyed  their 
estate,  either  real  or  personal,  within  the  power  of  the 
king's  troops,  or  against  persons  who  had  received  or  pur- 


:£J§  AMERICAtf 

chased  such  goods  or  effects  ;  and  die  purchasers  of  pro- 
perty, under  sales  made  in  districts  occupied  by  the  royal 
army,  were  required  to  restore  and  deliver  up  the  same 
under  the  penalty  of  forfeiting  treble  the  value  of  such 
property,  so  obtained,  and  neglected  to  be  delivered  or 
restored ;  to  the  great  inconvenience  of  many  who  had 
used,  possessed,  or  acquired  real  and  personal  property, 
under  the  sanction  of  the  only  authority,  existing  in  the 
districts  wherein  the  property  was  situated,  an  authority 
justified  by  the  laws  and  usages  of  nations,  and  confirmed 
by  the  letter  and  spirit  of  the  treaty  of  peace.  The  per- 
sons who  were  the  objects  of  the  trespass  law  were  still 
more  oppressed  by  its  operation,  in  consequence  of  a 
subsequent  act,  suspending  prosecutions  for  acts  done  to 
promote  the  American  cause,  which  was  manifestly  level- 
led at  the  friends  of  the  crown,  and  deprived  them  of  the 
means  of  satisfaction  for  those  acts  of  outrage,  which  had 
involved  them  in  loss  and  ruin.  And,  in  order  to  provide 
for  the  enforcement  of  these  trespass  laws  against  absen- 
tees, th^  remedy  of  attachment  against  absconding  debtors 
was  extended  to  the  recovery  of  damages  sustained  by  the 
injury,  destruction  or  occupancy  of  real  or  personal  estates 
during  the  war,  whereby  absentees,  though  in  a  state  of 
legal  exile,  were  considered  as  absconding  debtors. 

3d.  The  securing  of  the  enormous  debt  due  from  the 
citizens  of  the  United  States  to  the  merchants  of  Great 
Britain,  being  an  object  of  important  consideration  to  his 
majesty's  government,  in  arranging  and  discussing  the 
terms  of  the  treaty  of  peace,  was  expressly  provided  for 
in  it;  though  stipulations  of  that  nature  are  not  usual  in 
treaties  between  independent  nations  :  as  the  engagements 
of  individuals  of  different  countries  are  not  liable  to  the 
intervention  of  partial  local  regulations,  but  rest  upon  the 
sacred  and  permanent  basis  of  universal  justice.  The 
magnitude  of  this  object  cannot  therefore  be  better  ascer- 
tained, than  by  this  circumstance  ;  and  accordingly  a  so- 
lemn and  unequivocal  stipulation  was  introduced  into  the 
treaty  "  That  creditors  on  either  side  should  meet  with  no 
lawful  impediment  to  the  recovery  of  the  full  value,  in 
sterling  money,  of  all  bona  fide  debts  heretofore  contract- 
ed ;"  a  stipulation,  as  precise  and  definite  as  to  the  mea- 
sure and  mode  of  recovery  and  payment,  as  it  was  general 
and  unqualified  in  respect  to  the  debts  to  be  recovered. 


STATE  PAPERS.  2^*7 

"  The  full  value  in  sterling  money"  could  only  mean  the 
value,  to  be  ascertained  by  the  nature  and  terms  of  the 
original  contract  between  debtor  and  creditor  and  to  be 
paid  in  sterling  money  according  to  the  rate  of  exchange 
prevailing  between  the  two  countries.  "  All  bona  fide 
debts  heretofore  contracted"  comprehended  every  species 
of  debt,  due  to  the  creditors  on  either  side,  contracted 
antecedent  to,  and  which  remained  unpaid  at,  the  period 
of  concluding  the  treaty  of  peace. 

Hitherto  Great  Britain  has  anxiously,  though  in  vain, 
expected,  from  the  United  States,  the  fulfilment  of  this 
article,  in  behalf  of  her  suffering  merchants  :  But  prohibi- 
tions of  suits  and  personal  disabilities,  created  during  the 
war,  to  commence  actions,  remained  unrepealed,  and  have 
been  protracted  to  periods  subsequent  to  the  peace.  Acts, 
too,  have  passed  since  the  peace,  suspending,  for  a  time, 
the  recovery  of  debts  and  the  issuing  of  executions.  Courts 
have  been  authorized  by  law  to  direct  and  admit  the 
reduction  of  interest ;  and  the  absolute  reduction  of  inte- 
rest, for  a  limited  number  of  years,  has  been  provided  for. 
Laws  which  existed  before  the  war,  compelling  the  credi- 
tors to  take  the  debtor's  land,  at  an  appraised  value, 
remained  unrepealed,  notwithstanding  the  change  of  cir- 
cumstances in  the  two  countries  had,  in  some  of  the  state 
courts,  tended  to  establish  principles  of  alienage  which 
have  been  carried  to  so  rigorous  an  extent,  applied  to 
British  subjects,  as  to  inspire  doubts  of  their  competency 
to  acquire  or  hold  real  property  within  the  United  States. 
New  tender  and  valuation  laws  have  been  passed  subse- 
quent to  the  peace,  by  the  operation  of  which  creditors 
were  reduced  to  the  alternative,  either  of  accepting  under 
partial  appraisements,  resulting  from  prescribed  modes  of 
valuation,  real  and  personal  property  which  bore  no  pro- 
portion to  the  value  of  the  original  debt,  and  for  which 
they  could  command  no  price  whatsoever,  or  of  having 
the  persons  of  their  debtors  protected  from  arrests,  or 
discharged  from  executions.  British  subjects  and  their 
agents  were  compelled  to  give  security  to  pay  all  just 
debts  due  from  the  creditors  to  any  citizen  of  the  state,  as 
far  as  the  amount  of  the  debts  to  be  collected,  before  any 
debtor  could  be  compelled  to  make  payment.  Paper 
money  emitted  and  made  current,  for  a  number  of  years, 
was  constituted  legal  tender  for  payment  and  discharge  of 


<23&  AMERICAN 

any  debt,  bargain  or  sale,  bond,  mortgage,  specialty,  or 
contract  whatsoever  "  already  made  or  hereafter  to  Lc 
made,"  either  for  sterling  money,  silver  money,  dollars,  or 
any  species  of  gold  or  silver.  Instalment  laws  have  passed, 
restraining,  for  a  time,  the  commencement  of  suits,  and 
then  limiting  the  modes  of  recovering  all  debts  due  previ- 
ous to  the  month  of  February,  1782,  and  of  obligations 
taken  since  that  time  for  debts  previously  incurred,  to 
three  annual  payments,  of  one  third  of  the  principal  and 
interest  in  each  successive  year.  These  restrictions  and 
limitations  were  afterwards  extended  to  all  debts  con- 
tracted previous  to  the  1st  of  January,  1787;  and  when 
these  limitations,  in  which  the  British  merchants  most 
patiently  and  benevolently  acquiesced,  were  about  to 
to  expire,  a  new  instalment  law  was  passed,  protracting 
the  period  of  payments  five  years  longer,  and  restraining 
the  recovery  even  of  bonds  or  notes,  given  payable 
according  to  the  instalments  prescribed  by  the  former 
acts,  to  the  manner  directed  in  the  last  instalment  law. 

It  is  worthy  of  observation  that  this  latter  instalment 
law,  passed  subsequent  to  the  formation  of  the  federal 
constitution,  which  ordains,  that  all  treaties,  made,  or  which 
should  be  made,  under  the  authority  cf  the  United  States, 
should  be  the  supreme  laAv  of  the  land,  and  that  the  judges 
in  each  state  should  be  bound  thereby,  and  every  senator 
and  representative  of  the  United  States,  members  of  the 
several  state  legislatures,  and  all  executive  and  judicial 
officers  both  of  the  United  States  and  of  the  several  states, 
were  to  be  bound  by  oath  or  affirmation  to  support  that 
constitution. 

3d.  The  last  point  of  discussion  relates  to  the  decisions 
of  state  courts  upon  questions  affecting  the  rights  of  British 
subjects ;  in  respect  to  which  the  dispensations  of  law  have, 
for  the  most  part,  been  as  unpropitious  to  the  subjects  of 
the  crown  as  the  legislative  acts  of  the  different  assemblies 
throughout  this  continent:  It  must  however  be  allowed 
that  in  one  state  (Massachusetts  Bay)  where  great  property 
was  at  stake,  justice  has  been  liberally  dispensed,  and, 
notwithstanding  a  particular  regulation  of  the  state  war- 
ranted the  deduction  of  that  portion  of  the  interest  on 
British  debts  which  accrued  during  the  war,  the  courts,  in 
conformity  to  the  plain  terms  of  the  treaty,  have  admitted 
ajud  directed  the  quantum  of  the  demand  to  be  regulated 


STATE  PAPERS.  239 

by  the  original  contract :  and  where  the  contract  bore 
interest,  or  the  custom  of  the  trade  justified  the  charge,  the 
full  interest  has  been  allowed  to  British  creditors,  notwith- 
standing the  intervention  of  war.  On  the  other  hand  it  is 
to  be  lamented  that  in  a  more  distant  state  (Georgia)  it 
was  a  received  principle,  inculcated  by  an  opinion  of  the 
highest  judicial  authority  there,  that  as  no  legislative  act 
of  the  state  existed,  confirming  the  treaty  of  peace  with 
Great  Britain,  war  still  continued  between  the  two  coun- 
tries ;  a  principle  which  may  perhaps  still  continue,  in  that 
state,  as  it  is  one  of  those  that  have  not  to  this  moment 
paid  any  municipal  regard  to  the  different  recommenda- 
tions of  Congress  to  the  several  legislatures,  to  repeal  all 
laws  inconsistent  with  the  treaty  of  peace. 

The  decisions  of  the  state  courts  having  affected  the 
claims  and  persons  of  British  subjects,  a  short  view  will 
be  taken  of  some  of  the  most  important  decisions,  under 
these  two  heads. 

1st.  In  the  prosecution  of  claims,  instituted  by  British 
merchants  for  debts  contracted  previous  to  the  war,  proof 
of  the  usage  of  the  trade  to  allow  interest  after  the  expi- 
ration of  a  year  on  the  amount  of  the  goods  shipped,  or  of 
the  specifick  contract  between  the  debtor  and  creditor  has 
been  uniformly  established,  the  full  value  of  the  debt,  to 
be  recovered,  ought  consequently  to  have  been  nothing 
short  of  the  debt  and  interest  according  to  the  usage  of 
the  trade  or  to  the  terms  of  the  contract ;  but  under  the 
direction  of  many  of  the  courts,  juries  have  invariably 
abated  interest  on  the  British  debts  for  seven  years  and 
a  half.  Even  the  solemnity  of  obligations  has  not  been 
found  of  sufficient  force  to  secure  the  creditor  from  this 
deduction,  it  having  been  determined — that  obligation?, 
which  on  the  face  of  the  contract  itself  bore  interest,  were 
upon  no  better  footing  in  this  respect  than  book-debts,  in 
which  the  intervention  of  war  and  the  prohibitory  resoi\  es 
of  Congress  were  deemed  sufficient  grounds  to  destroy  the 
usage  between  the  British  and  American  trader  by  abating 
the  interest  for  the  period  the  war  continued — and  that 
as  the  debtor  was  deprived  of  the  means  of  making  pan 
ment,  unless  by  a  violation  of  a  positive  restrictive  lav., 
prohibiting  remittances  as  a  means  of  strengthening  thff 
enemy,  and  as  it  would  have  been  criminal  to  have  remit- 
tee! during  the  war.  no  man  should  suffrr  for  his  obedience 


240  ASBRlCAjfr 

to  the  laws,  or  be  answerable  for  the  interest,  while  tne 
laws  of  the  land  restrained  him  from  remitting  the  princi- 
pal. The  treaty  of  peace  too  has  been  considered  a« 
having  no  effect  upon  this  question,  it  having  been  held 
that  the  treaty  only  secured  the  mutual  recovery  of  debts, 
when  the  amount  was  ascertained  ;  but  the  amount  of  the 
debts,  was  to  be  settled  by  the  laws  of  the  land. 

In  one  state  particularly,  in  which  the  claim  of  interest 
has  been  generally  involved  in  the  recovery  of  British 
debts,  that  had  been  paid  in  consequence  of  legislative 
acts  into  the  state  treasury,  the  superior  court  of  the  state 
determined,  that  the  construction  of  the  treaty  and  the  acts 
of  the  state  entitled  the  creditor  to  recover  the  principal 
of  his  debt  and  all  interest  thereon,  which  had  not  arisen 
during  the  war,  and  that  as  by  the  intervention  of  war, 
the  means  of  recovering  British  debts  were  suspended,  the 
claim  of  interest,  during  the  suspension,  was  inadmissible. 

It  was  admitted  that  notwithstanding  the  payments  into 
the  treasury,  the  treaty  of  peace  restored  the  right  of 
action  ;  but  interest  was  recoverable  only  from  the  date  of 
the  definitive  treaty. 

In  one  of  the  southern  states  (Virginia)  where  debts  to 
a  very  considerable  amount  are  depending,  the  suits  that 
have  been  instituted  for  their  recovery  have  been  referred 
to  the  district  courts  of  the  state,  and  some  of  the  causes, 
having  stood  for  several  years  under  a  mere  formal  con- 
tinuance upon  the  records,  have  been  adjourned,  for  diffi- 
culty, to  the  general  court,  wherein  they  still  remain 
undecided,  and  others,  it  is  said,  have  been  actually  dis- 
missed. The  delay  of  justice,  operating  equally  as  a 
denial  of  justice,  would  have  been  effectually  reformed  in 
that  state  by  the  provisions  of  a  particular  law,  giving 
summary  relief  in  determining  disputes  wherein  subjects 
of  those  countries,  which  had  acknowledged  or  should 
hereafter  recognise  the  independence  of  the  United  State?, 
were  parties  against  the  citizens  of  that  state  ;  but  unfor- 
tunately for  the  British  creditors,  upon  the  conclusion  of 
peace,  it  was  soon  found  that  this  summary  relief  extended 
to  British  debts  in  common  with  the  claims  of  other 
foreigners,  whose  sovereigns  had  recognised  the  indepen- 
dence of  the  United  States,  and  that  some  of  the  judges 
favoured  the  idea ;  and  so  much  of  the  act  as  points  out 
and  authorizes  the  mode  of  proceeding  in  suits*  wherein 


STATE    PAPERS.  ^41 

foreigners  were  parties  was  repealed,  and  at  this  moment, 
the  means  of  recovery  depend  solely  upon  limitations  and 
Conditions  created  by  local  regulations,  which  are  in 
direct  opposition  to  the  recommendatory  resolves  of  Con- 
gress and  palpable  infractions  of  the  fourth  article  of  the 
treaty  of  peace. 

The  few  attempts  to  recover  British  debts  in  the  county 
courts  of  that  state  have  universally  failed ;  and  these  are 
the  courts,  wherein,  from  the  smallness  of  the  sum,  a  con- 
siderable number  of  deftts  can  only  be  recovered. 

A  farther  hardship  under  which  the  British  creditors 
labour,  is  that  they  are  answerable  and  proceeded  against 
by  course  of  law  for  every  claim  brought  against  them  ; 
when  at  this  moment  it  is  not  a  settled  point,  whether  even 
the  federal  court,  in  that  district,  will  entertain  in  their 
behalf  suits  to  which  that  jurisdiction  is  competent,  the 
circuit  court  of  the  United  States,  after  very  solemn  argn- 
ment,  having  adjourned  the  question. 

In  addition  to  these  observations,  it  is  necessary  to 
mention,  that  in  some  others  of  the  southern  states  there 
does  not  exist  a  single  instance  of  the  recovery  of  a 
British  debt  in  their  courts,  though  so  many  years  have 
expired  since  the  establishment  of  peace  between  the  two 
countries. 

2d.  The  proceedings  of  the  state  courts  upon  points, 
which  affected  the  persons  of  British  subjects,  have  been 
equally  repugnant  to  the  terms  of  the  treaty.  In  one  state, 
suits  have  been  instituted  under  the  acts  for  granting  a 
more  effectual  relief  in  oases  of  certain  trespasses,  for  the 
recovery  of  damages  resulting  from  the  occupancy  of 
estates,  held  in  districts  in  the  possession  of  his  majesty's 
-arms,  by  virtue  of  license  and  permission  from  the  com- 
manders in  chief;  and  though  the  license  and  permission 
were  pleaded,  and  it  was  stated  upon  the  record,  that  after 
the  declaration  of  Independence  by  Congress,  there  was 
open  war  between  the  two  countries,  that  the  place,  where 
the  estates  were  situate,  continued  in  the  uninterrupted 
possession  of  the  royal  army  during  the  whole  period  they 
were  occupied  under  such  license  and  permission,  and  as 
long  as  the  same  remained  in  force — that  by  the  treaty  of 
peace,  the  claim  whieh  the  subjects  or  citizens  of  either  of 
the  contracting  parties  had  to  recompense  or  retribution 
for  injuries  done  to  each  other,  in  consequence  of,  or 

VOL.    Ii\  31 


242  AMERICAN 

relating  to,  the  war,  were  mutually  relinquished  and 
released;  that  the  parties,  against  whom  the  suits  were 
instituted,  were  subjects  of  the  crown,  residing  in  a  district 
occupied  by  the  royal  army,  where  the  estate  in  question 
was  situate,  under  the  protection  of  the  king  then  at  war 
with  this  country.  These  pleas  were  overruled  by  the 
court,  aa  insufficient,  and  damages  have  been  awarded 
against  the  parties  for  the  time  the  estates  were  so  occu- 
pied by  them,  to  the  great  injury  of  numbers,  who  had, 
during  the  war,  actually  paid  a  competent  rent  for  the 
property  they  occupied  under  the  authority  of  the  com- 
mander in  chief. 

In  another  state,  an  indictment  has  lately  been  prefer- 
red against  a  subject  of  the  crown,  for  the  murder  of  a 
citizen  of  the  United  States,  found  under  suspicious  cir- 
cumstances, within  the  royal  lines.  Though  the  grand 
jury  did  not  find  the  bill  of  indictment  against  the  party, 
as  the  facts  alleged  were  not  sufficiently  proved,  they 
postponed  a  farther  inquiry  to  a  future  time,  to  give  the 
prosecutor  an  opportunity  of  producing  farther  testimony, 
in  which  the  court  acquiesced,  and  refused  to  discharge 
the  prisoner,  observing,  when  the  counsel  moved  for  his 
discharge,  that  the  commission  for  holding  the  court  of 
oyer  and  terminer  did  not  expire  for  some  months,  and  the 
court  would  again  sit  before  the  period  expired.  The 
prisoner  was,  however,  admitted  to  bail,  upon  his  own 
recognisance  in  500/.  and  two  sureties  in  250/.  each ;  but 
as  his  friends  doubted  the  disposition  of  the  court  to  deter- 
mine according  to  the  terms  of  the  treaty,  they  thought  it 
more  prudent  to  suffer  the  forfeiture  of  the  recognisances, 
than  to  put  his  life  again  into  jeopardy. 

In  that  state  also,  actions  of  trespass  have  been  insti- 
tuted, for  taking  and  driving  off  cattle  during  the  war,  con- 
verting indictable  offences  into  civil  suits,  with  a  view  of 
eluding  the  stipulations  of  the  treaty;  but  with  what  suc- 
cess, has  not  been  ascertained. 

Upon  this  last  head  of  arrangement,  it  is  only  necessary 
farther  to  observe,  that  the  prosecutions,  in  the  cases  spe- 
cified, are  all  direct  and  positive  violations  of  the  tith 
article  of  the  treaty  of  peace. 

From  the  foregoing  detail,  it  is  evident,  that  the  recom- 
mendations of  Congress  to  the  respective  state  legislatures 
have,  in  some  of  the  states,  been  totally  disregarded,  and 


STATE    PAPERS.  243 

in  none  have  produced  that  complete  and  extensive  effect, 
which  Great  Britain,  from  the  stipulations  of  the  treaty, 
was  perfectly  justifiable  in  expecting  and  requiring ;  that 
since  the  peace,  many  of  the  states  have  passed  laws  in 
direct  contravention  of  the  definitive  treaty,  and  essen- 
tially injurious  to  the  estates,  rights  and  properties  of 
British  subjects,  in  whose  favour  precise  distinctions  were 
clearly  defined  and  expressed  in  the  treaty — That  although 
some  of  the  states  may  have  repealed  their  exceptionable 
laws  partially  or  generally,  yet,  in  a  majority  of  the  states, 
they  still  exist  in  full  force  and  validity — and  that  in  some 
of  the  state  courts,  actions  have  been  commenced  and 
prosecuted  with  success  against  individuals,  for  the  part 
they  had  taken  in  the  war ;  which  actions  were,  in  their 
origin,  positive  contraventions  of  the  6th  article  of  the 
treaty,  and,  in  their  consequences,  materially  detrimental 
to  the  rights  and  property  of  many  subjects  of  the  crown 
of  Great  Britain.  In  consequence  of  the  violation  of  the 
treaty  in  these  particulars,  great  numbers  of  his  majesty's 
subjects  have  been  reduced  to  a  stale  of  penury  and  dis- 
tress, and  the  nation  of  Great  Britain  has  been  involved 
in  the  payment  to  them  of  no  less  a  sum  than  four  millions 
sterling,  as  a  partial  compensation  for  the  losses  they  had 
sustained. 

It  is  further  manifest,  that  the  stipulation  in  the  fourth 
article  of  the  treaty,  which  provides  for  the  recovery  of 
the  debts  due  to  the  subjects  of  the  two  countries  respec- 
tively, has  been  not  only  evaded  in  many  of  the  states, 
but  that  municipal  regulations  have  been  established  in 
them,  in  avowed  contravention  of  it — And  that,  in  many 
instances,  the  means  and  prospect  of  obtaining  redress  are 
nearly  as  remote  as  ever  •,  since,  in  one  state,  in  which  a 
sum  far  exceeding  one  million  sterling  is  still  due  to  British 
creditors,  the  supreme  federal  court  has  thought  proper  to 
suspend,  for  many  months,  the  final  judgment  on  an  action  of 
debt  brought  by  a  British  creditor ;  and  since,  in  the  same 
state,  the  county  courts  (which  alone  can  take  cognizance 
of  debts  of  a  limited  amount)  have  uniformly  rejected  all 
suits  instituted  for  the  recovery  of  sums  due  to  the  subjects 
of  the  crown  of  Great  Britain. 

The  delay  which  has  arisen  in  the  administration  ol 
justice,  has,  with  equal  propriety,  been  stated  as  equiva- 
lent to  an  infraction  of  the  treaty  :  For,  by  the  effect  of 


244  AMERICAN 

that  delay,  many  descriptions  of  his  majesty's  subjects 
have  been  exposed,  not  only  to  material  inconvenience, 
but,  in  various  cases,  to  the  ruin  and  absolute  loss  of  their 
properly. 

The  conduct  of  Great  Britain,  in  all  these  respects,  has 
been  widely  different  from  that  which  has  been  observed 
by  the  United  States.  In  the  former  country,  the  legisla- 
ture has  never  harboured  the  intention  of  enacting  regu- 
lations which  might  invalidate  a  national  compact,  or  affect 
the  sacred  tenour  of  engagements  contracted  between 
individuals.  And  in  the  courts  of  law,  the  citizens  of  the 
United  States  have  experienced,  without  exception,  the 
same  protection  and  impartial  distribution  of  justice,  as 
the  subjects  of  the  crown.  Examples  can  be  adduced  of 
judgment  having  been  given  in  favour  of  American  credi- 
tors, in  actions  of  debt  brought  even  against  loyalists,  the 
whole  of  whose  property  had  been  seized  by  legislative 
acts  of  the  states  in  which  it  was  situated,  and  appropri- 
ated, in  the  first  instance,  to  the  liquidation  of  the  very 
description  of  debts  for  which  these  suits  were  commenced 
against  them  in  England. 

Such  is  the  nature  of  the  specifick  facts  which  the  king, 
my  master,  has  considered  as  infractions  of  the  treaty  on 
the  part  of  the  United  States,  and  in  consequence  of  which 
his  majesty  has  deemed  it  expedient  to  suspend  the  full 
execution,  on  his  part,  of  the  7th  article  of  that  treaty. 
On  this  head  also,  it  is  necessary  to  premise  the  following 
evident  distinction  :  That  the  king  has  contented  himself 
with  a  mere  suspension  of  that  article  of  the  treaty  ;  whereas 
the  United  States  have  not  only  withheld  from  subjects  of 
the  crown  that  redress  to  which  they  were  entitled,  under 
the  terms  of  the  treaty,  but  also  many  of  the  states  have, 
•subsequent  to  the  peace,  passed  new  legislative  regulations, 
in  violation  of  the  treaty,  and  imposing  additional  hardships 
on  individuals,  whom  the  national  faith  of  the  United  States 
was  pledged,  under  precise  and  solemn  stipulations,  to 
ensure  and  protect  from  future  injury. 

On  the  grounds,  therefore,  of  the  irreparable  injury 
which  many  classes  of  his  subjects  have  sustained,  and  of 
the  heavy  expense  to  which  the  British  nation  has  been 
subjected  by  the  non-performance  of  their  engagements, 
on  the  part  of  the  United  States,  the  measure  that  the  king 
has  adopted  (of  delaying  his  compliance  with  the    7th 


STATE    PAPERS.  '245' 

article  of  the  treaty)  is  perfectly  justifiable.  Nevertheless, 
his  majesty's  sincere  desire  to  remove  every  occasion  of 
misunderstanding  has  induced  him  to  direct  me  to  express 
his  readiness  to  enter  into  a  negotiation  with  respect  to 
those  articles  of  the  treaty,  which  have  not  been  executed 
by  the  two  countries  respectively,  and  to  consent  to  such 
arrangements  upon  the  subject,  as,  after  due  examination, 
may  now  be  found  to  be  of  mutual  convenience,  and  not 
inconsistent  with  the  just  claims  and  rights  of  his  subjects. 
I  have  the  honour  to  be,  &c. 

GEO.  HAMMOND. 


APPENDIX     A. 

No.  1.  Act  of  New  Hampshire,  to  confiscate  estate's  of 
sundry  persons  therein  named — passed  Nov.  28,  1778. 

2.  Act  of  Massachusetts  Bay,  to  prevent  the  return  of 
certain  persons  therein  named,  and  others  who  had  left 
that  state,  or  either  of  the  United  States,  and  joined  the 
enemies  thereof — passed  in  1778. 

3.  Act  of  Massachusetts  Bay,  to  confiscate  the  estates 
of  certain  notorious  conspirators  against  the  government 
and  liberties  of  the  inhabitants  of  the  late  Province,  now 
state  of  Massachusetts  Bay — passed  in  1779. 

4.  Act  of  Rhode  Island,  to  confiscate  and  sequester 
estates,  and  banish  persons  of  certain  descriptions — passed 
October,  1775. — February,  March,  May,  June,  July, 
August,  October,  177G. — February  and  October,  1778. — 
February,  May,  August,  September,  October,  1770. — 
July,  September.  October,  1780. — January, May,  1781. — 
June,  October,  November,  1782. — February,  May,  June, 
October,  1783. 

5.  Act  of  Connecticut,  directing  certain  confiscated 
estates  to  be  sold — Connecticut  laws,  fol.  bG. 

<i.  Act  of  New  York  for  the  forfeiture  and  sales  of  the 
estates  of  persons  who  have  adhered  to  the  enemies  of 
the  state — passed  22d  October,  1779. 


246  AMERICAN 

7.  Act  of  New  York  for  the  immediate  sale  of  part  of 
the  confiscated  estates — passed  March  10,  1780. 

8.  Act  of  New  York  approving  the  act  of  Congress 
relative  to  the  finances  of  the  United  States,  and  making 
provision  for  redeeming  that  State's  proportion  of  bills  of 
credit  to  be  emitted — passed  15  June,  1780. 

9.  Act  of  New  York  to  procure  a  sum  in  specie  for  the 
purpose  of  redeeming  a  portion  of  the  bills  emitted,  &c. — 
passed  7  October,  1780. 

10.  Act  of  New  Jersey  to  punish  traitors  and  disaffected 
persons — passed  4  October,  1776. 

11.  Act  of  New  Jersey  for  taking  charge  of  and  leasing 
the  real  estates,  and  for  forfeiting  personal  estates  of 
certain  fugitives  and  offenders — passed  April  18,  1778. 

12.  Act  of  New  Jersey  for  forfeiting  to  and  vesting  in 
the  state  the  real  estates  of  certain  fugitives  and  offenders 
— passed  11  December,  1778. 

1 3.  Act  of  New  Jersey,  supplemental  to  the  act  (No. 
10)  to  punish  traitors  and  disaffected  persons — passed 
Oct.  3,  1782. 

14.  Act  of  Pennsylvania  for  the  attainder  of  divers  trai- 
tors, and  for  vesting  their  estates  in  the  commonwealth, 
if  they  render  not  themselves  by  a  certain  day — 6  March. 
1778. 

15.  Act  of  Delaware,  declaring  estates  of  certain  per- 
sons forfeited,  and  themselves  incapable  of  being  elected 
to  any  office — passed  5  February,  1 778-. 

16.  Act  of  Maryland  for  calling  out  of  circulation  the 
quota  of  the  state,  of  the  bills  of  credit  issued  by  Con- 
gress— October,  1780. 

By  the  11th  section  of  this  act  persons  indebted  to 
creditors,  who  had  not  become  subjects  and  residents  of 
the  state,  or  had  an  a^ent  constantly  residing  within  the 


State  papers.  247 

.-state,  were  under  certain  regulations,  authorized  to  pay 
these  debts  into  the  treasury  in  certain  species  of  depre- 
ciated paper  money,  and  the  treasurer's  receipt  was  de- 
clared good  evidence,  in  law  and  equity,  of  the  payment  of 
such  debt. 

17.  Act  of  Maryland  to  seize,  confiscate  and  appro^ 
priate  all  British  property  within  the  state — passed  Octo- 
ber, 1 780. 

18.  Act  of  Maryland  to  appoint  commissioners  to  pre- 
serve confiscated  British  property — passed  October,  1 780. 

1 9.  Act  of  Maryland  to  procure  a  loan  and  for  the  sale 
of  escheat  lands  and  the  confiscated  British  property, 
therein  mentioned — passed  October,  1780. 

20.  Act  of  Virginia  for"  sequestering  British  property, 
enabling  those  indebted  to  British  subjects  to  pay  off  such 
debts,  &c. — passed  October,  1777. 

21.  Act  of  Virginia,  concerning  escheats  and  forfeitures* 
from  British  subjects — May,  1779. 

22.  Act  of  Virginia,  to  amend  the  act  concerning  es- 
cheats, &c. — passed  May,  1779. 

23.  Act  of  Virginia  to  amend  the  act  concerning  escheat* 
and  forfeitures — passed  October,  1779. 

24.  Act  of  Virginia  to  adjust  and  regulate  pay  and 
account  of  officers  of  Virginia  line — passed  November, 
1781. 

25.  Act  of  Virginia  for  providing  more  effectual  fund* 
for  redemption  of  certificates — passed  May,  1782. 

26.  Act  of  North  Carolina,  for  confiscating  the  property 
of  all  such  persons  as  are  inimical  to  the  United  States. 
kc. — passed  November,  1777. 

27.  Act  of  North  Carolina  to  carry  into  effect  (Ik*  l»?i 
mentioned  act — passed  January.  J  779. 


248  AMERICAN 

28.  Act  of  South  Carolina  for  disposing  of  certain 
estates  and  banishing  certain  persons  therein  mentioned — 
passed  26  February,  1782. 

29.  Act  of  South  Carolina  to  amend  the  last  mentioned 
act — passed  16  March,  1783. 

30.  Act  of  Georgia  for  inflicting  penalties  on  and  confis- 
cating the  estates  of  such  persons  as  are  therein  declared 
guilty  of  treason,  and  for  other  purposes  therein  mention- 
ed— passed  May  4,  1782. 

31.  Act  of  South  Carolina  to  vest  one  hundred  and 
eighty  acres  of  land,  late  property  of  James  Holmes,  in 
certain  persons  in  trust  for  the  benefit  of  a  publick  school 
— passed  15  August,  1783. 

32/  Act  of  Virginia  for  removal  of  seat  of  government — 
passed  May  session,  1779,  see  No.  21. 

33.  Act  of  New  Jersey  to  appropriate  a  certain  forfeited 
estate — passed  23  December,  1733. 

34.  Act  of  Maryland  for  the  benefit  of  the  children  of 
major  Andrew  Leitch — 1.5  June,  1782. 


appendix   h. 

No.  1 .  Act  of  Massachusetts  in  addition  to  an  act  made, 
and  passed  the  present  year,  (1784)  entitled,  An  act  for 
repealing  two  laws  of  this  state — passed  Nov.  10,  1784, 
see  appendix  C,  No.  2. 

2.  Act  of  North  Carolina  to  secure  and  quiet  in  their 
possessions  all  such  as  have  or  may  purchase  lands,  goods, 
&c.  sold  or  hereafter  to  be  sold  by  the  commissioners  of 
forfeited  estates — passed  Dec.  29, 1785. 

3.  Act  of  North  Carolina  directing  the  sale  of  confis- 
cated property — passed  October  session.  1734, 


STATE  PAPERS.  249 

4.  Act  of  Georgia  to  authorize  the  auditor  to  liquidate 
the  demands  of  such  persons  as  have  claims  against  the 
confiscated  estates — passed  Feb.  22,  1785. 

5.  Ordinance  of  South  Carolina  for  amending  and  ex- 
plaining the  confiscation  act — passed  March  26,  1784. 

6.  Act  of  South  Carolina  to  amend  the  confiscation  act, 
and  for  other  purposes  therein  mentioned — passed  March 
22,1786. 

7.  Act  of  Georgia  releasing  certain  persons  from  their 
bargains,  &c. — passed  July  29,  1783. 

8.  Act  of  Georgia  to  compel  the  settlement  of  publick 
accounts,  for  inflicting  penalties,  and  for  vesting  auditor 
with  certain  powers — passed  Feb.  10,  1787. 

9.  Act  of  Maryland  to  vest  certain  powers  in  the  go- 
vernour  and  council.  Sect.  3d — passed  November  ses- 
sion, 1785. 

10.  Act  of  Maryland  to  empower  go vernour  and  coun- 
cil to  compound  with  the  discoveries  of  British  property, 
and  for  other  purposes — passed  November  session,  1788. 


appendix   c. 

See  Acts  of  Confiscation,  Banishment,  &c.  referred  to  in  Appendix  A,  No. 
1  to  30  inclusive. 

No.  1 .  Act  of  North  Carolina  of  pardon  and  oblivion — 
passed  April  session,  1788. 

2.  Act  of  Massachusetts  Bay,  for  repealing  two  laws  of 
the  state,  and  for  asserting  the  right  of  that  free  and  sove- 
reign commonwealth  to  expel  such  aliens  as  may  be  dan- 
gerous to  the  peace  and  good  order  of  government — 
passed  March  24.  1784. 

vof>.  i.  32 


250  AMERICAS 

3.  Act  of  Georgia  for  ascertaining  the  rights  of  aliens, 
and  pointing  out  a  mode  for  the  admission  of  citizens — 
passed  Feb.  7,  1785. 

4.  Act  of  New  York  to  preserve  the  freedom  and  inde- 
pendence of  the  state,  and  for  other  purposes  therein  men- 
tioned— passed  May  12,  1784. 

5.  Act  of  Virginia  prohibiting  the  migration  of  certain 
persons  to  that  commonwealth,  and  for  other  purposes 
therein  mentioned — passed  October  session,  1783. 

6.  Act  of  Virginia  to  explain,  amend,  and  reduce  into 
one  act  the  several  acts  for  the  admission  of  emigrants  to 
the  rights  of  citizenship,  and  prohibiting  the  migration  of 
certain  persons  to  that  commonwealth — passed  October 
session,  1786. 

7.  Act  of  North  Carolina  to  describe  and  ascertain 
such  persons  as  owed  allegiance  to  the  state,  and  to  im- 
pose certain  disqualifications  on  certain  persons  therein 
named — passed  October  session,  1784. 

8.  Act  of  North  Carolina  to  amend  the  last  mentioned 
act — passed  November  session,  1785. 

9.  Act  of  South  Carolina  restoring  to  certain  persons 
their  estates,  and  for  permitting  the  said  persons  to  return, 
and  for  other  purposes — March  26,  1784. 

10.  See  appendix  A,  No.  28.  By  act  of  Feb.  26,  1782, 
penalties  of  confiscation  and  banishment  were  inflicted  on 
certain  persons  described  in  lists  1,  2,  3,  4,  5,  and,  though 
it  appears  by  the  foregoing  act,  that  the  persons  named  in 
lists  No.  1,2,  3,  were  restored  to  their  estates  under  cer- 
tain assessments  and  limitations,  and  permitted  to  return 
and  reside  in  the  state  under  certain  disqualifications,  the 
penalties  of  the  act  of  Feb.  26,  1782,  still  prevail  against 
those  persons  mentioned  in  the  lists  No.  4  and  5,  who  are 
liable  to  suifer  death,  if  they  return  to  the  state  after  being 
sent  out  of  it. 


STATE    PAPERS.  251 

1 1 .  Act  of  Rhode  Island  to  send  out  of  the  state  N. 
Spink  and  John  Underwood,  who  had  formerly  joined  the 
enemy,  and  were  returned  into  Rhode  Island — passed  May 
27,1783. 

12.  Act  of  Rhode  Island  to  send  William  Young, 
theretofore  banished,  out  of  the  state,  and  forbidden  to 
return  at  his  peril — passed  June  8,  1783. 

13.  Act  of  Rhode  Island,  allowing  William  jBrenton, 
late  an  absentee,  to  visit  his  family  for  one  week,  then 
sent  away  not  to  return — passed  June  12,  1783. 

14.  Act  of  Rhode  Island,  to  banish  S.  Knowles  (whose 
estate  had  been  forfeited)  on  pain  of  death  if  he  return — 
passed  October,  1783. 

15.  Act  of  Pennsylvania,  to  attaint  Harry  Gordon,  un- 
less he  surrender  himself  by  a  given  day  (July  24,  1783) 
and  the  seizure  of  his  estates  by  the  agents  of  forfeited 
estates  confirmed — passed  Jan.  31,  1783. 

This  act,  passed  after  the  provisional  articles  were 
signed,  and  the  time  limited  for  the  surrender  of  Mr.  Gor- 
don's person  was  many  months  after  the  account  reached 
the  United  States,  part  of  Mr.  Gordon's  real  estate  was 
sold  in  consequence  of  an  order  of  the  executive  council 
of  Pennsylvania — made  in  the  year  1790. 

16.  Act  of  New  York,  for  granting  a  more  effectual 
relief  in  cases  of  certain  trespasses — passed  March  17, 
J  783. 

17.  Act  of  Georgia  to  point  out  the  mode  for  the  recove- 
ry of  property  unlawfully  acquired  under  the  British  usur- 
pation, and  withheld  from  the  rightful  owners,  and  for 
other  purposes — passed  Feb.  17,  1783. 

18.  Act  of  New  York,  for  suspending  the  prosecutions 
therein  mentioned — passed  March  21,  1783. 

19.  Act  of  New  York,  to  amend  an  act,  entitled,  "Ah 
act  for  relief  against  absconding  and  absent  debtors,"  and 
to  extend  the  remedy  of  the  act  entitled,  "  An  act  for  grant- 


252  AMERICAN 

ing  a  more  effectual  relief  in  cases  of  certain  trespasses, 
and  for  other  purposes  therein  mentioned — passed  Mav 
4,  1784. 


APPENDIX    D. 

No.  1 .  Act  of  North  Carolina,  for  establishing  courts  of 
law  and  for  regulating  the  proceedings  therein.  Sect. 
101 — passed  November  session,  1777. 

2.  Act  of  Virginia  for  directing  the  mode  of  adjusting 
and  settling  the  payment  of  certain  debts  and  contracts — 
passed  November  session,  1781. 

3.  Act  of  Virginia  to  repeal  so  much  of  a  former  act  as 
suspends  the  issuing  executions  upon  certain  judgments, 
until  December,  1783 — passed  May  session,  1782. 

4.  Act  of  Virginia,  to  amend  an  act,  entitled,  "  An  act  to 
repeal  so  much  of  a  former  act  as  suspends  the  issuing  ex- 
ecutions on  certain  judgments,  until  December,  1783," — 
passed  October  session,  1782. 

5.  Act  of  Virginia,  to  revive  and  continue  the  several 
acts  of  assembly,  for  suspending  the  issuing  executions  on 
certain  judgments,  until  December,  1783 — passed  October 
session,   1783. 

C.  Act  of  Maryland  to  prevent  suits  on  certain  debts  for 
a  limited  time — passed  April  session,  1782. 

7.  Ordinance  of  South  Carolina  respecting  suits  for  the 
recovery  of  debts — passed  March  26,  1784. 

8.  Act  of  Connecticut,  relative  to  debts  due  to  persons 
who  have  been  and  remained  within  the  enemy's  power  or 
lines  during  the  late  war — passed  May  session,  1784. 

9.  Act  of  Massachusetts  Bay,  directing  the  justices  of 
the  courts  of  judicature  to  suspend  rendering  judgment  for 
any  interest  that  might  have  accrued  between  the  19th 


STATE  PAPERS.  253 

April,  1775,  and  the  20th  January,  1783,  on  debts  due  to 
British  subjects — passed  Nov.  9,  1 784. 

10.  Old  Act  of  Maryland. 

Case  of  Thomas  Harrison's  representatives,  in  the 

chancery  court  of  Maryland. 
Case  of  Bayard  and    Singleton,  decided  in  N. 

Carolina. 

12.  Act  of  Rhode  Island  to  enable  any  debtor  in  gaol  on 
execution  at  the  suit  of  any  creditor  to  tender  real,  or  cer- 
tain specifick  articles  of  personal  estate — passed  March, 
1786. 

13.  Act  of  New  Jersey,  to  direct  modes  of  proceeding 
on  writs  of  fieri  facias,  and  for  transferring  lands  and  chat- 
tels for  payment  of  debts — March  23,  1786. 

14.  Act  of  South  Carolina,  for  regulating  sales  under 
executions,  and  for  other  purposes  therein  mentioned — 
passed  Oct.  12,  1785. 

15.  Act  of  Maryland  for  the  settlement  of  publick  ac- 
counts, and  to  appoint  persons  to  collect  the  debts  due  to 
persons  convicted  of  treason,  and  for  a  specifick  perfor- 
mance of  certain  contracts  made  by  British  subjects  pre- 
vious to  the  revolution — passed  November  session,  1786. 

16.  Acts  of  Rhode  Island  of  May  and  June,  1775  ;  of 
January,  July,  and  September,  1776  ;  of  February,  1777; 
and  of  May,  1786. 

1 7.  Act  of  New  Jersey,  for  making  bills  emitted  by  the 
act  for  raising  a  revenue  of  3159/.  5s.  per  annum  for  25 
years,  legal  tender — passed  June  1,  1786. 

1 8.  Act  of  New  Jersey  for  striking  and  making  current 
100,000/.  in  bills  of  credit,  to  be  let  out  on  loan — passed 
May  26,  1786. 

19.  Act  of  Georgia  for  emitting  the  sum  of  50,000/.  in 
bills  of  credit,  and  for  establishing  a  fund  for  the  redemp- 


$54 


AMERICAN 


tion  and  for  other  purposes  therein  mentioned — Aug.  I4f 
1786. 

20.  Ordinance  of  South  Carolina,  respecting  suits  for 
the  recovery  of  debts — passed  March  26,  1784. 

21.  Act  of  South  Carolina,  to  regulate  the  recovery  and 
payment  of  debts,  and  prohibiting  the  importation  of  ne- 
groes, &c. — passed  March  28,  1787. 

22.  Act  of  South  Carolina,  to  regulate  the  payment  and 
recovery  of  debts,  and  to  prohibit  the  importation  of  ne* 
groes  for  the  time  therein  limited — passed  Nov.  4,  1788. 


APPENDIX    E. 

No.  1.  Case  of  William  Neate's  executors  against  Com- 
fort Sands — decided  in  the  Supreme  Court  of  New  York. 

2.  Case  of  Osborne  against  Mifflin's  executors — decided 
in  the  Supreme  Court  of  Pennsylvania. 

3.  Case  of  Hoare  against  Allen — decided  in  the  same 
court. 

4.  Case  of  Stewardson,  administrator  of  Mildred  against 
Dorsey — decided  in  the  General  Court  of  Maryland. 

5.  Act  of  Virginia,  for  the  protection  and  encourage- 
ment of  the  commerce  of  nations  acknowledging  the  inde- 
pendence of  the  United  States  of  America — October  ses- 
sion. 1779. 

6.  Act  of  Virginia,  to  repeal  part  of  an  act  for  the  pro- 
tection and  encouragement  of  the  commerce  of  nations 
acknowledging  the  independence  of  the  United  States  of 
America — passed  Dec.  31,  1787. 

7.  Act  of  Virginia,  to  repeal  so  much  of  all  and  every 
act  or  acts  of  assembly  as  prohibits  the  recovery  of  Bri- 
tish debts — passed  Dec.  12,  1787. 


&TATB  PAPERS.  256 

8.  Case  of  Rutgers  against  Waddington — decided  in  the 
Mayor's  Court  of  New  York. 

9.  Case  of  John  Smith  Hatfield,  at  a  court  of  Oyer  and 
Terminer,  held  at  Bergen,  in  the  state  of  New  Jersey — 
in  August,  1789. 


Mr.  Jefferson,  Secretary  of  State  of  the  United  States,  to 
Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Bri- 
tain.    Philadelphia,  March  30,  1792. 

Sir, — A  constant  course  of  business  has  as  yet  put  it 
out  of  my  power  to  prepare  an  answer  to  your  letter  of 
the  5th  instant.  In  the  mean  time  I  have  been-  taking 
measures  to  procure  copies  of  the  several  acts  therein 
complained  of,  that  I  might  save  you  the  trouble  of  pro- 
ducing proofs  of  them.  My  endeavours  have  failed  in  the 
instances  below  cited,  of  which  therefore  I  am  constrain- 
ed to  ask  you  to  furnish  the  documents.  I  have  prefixed 
to  them  your  own  marks  of  reference,  that  you  may  the 
more  easily  find  them.  I  beg  you  to  be  assured  that  I 
would  not  have  given  you  the  trouble  to  produce  any 
proofs  which  I  could  have  obtained  myself;  and  I  hope  if 
will  be  considered  as  an  evidence  of  this,  that  the  list  sub- 
joined is  only  of  13  out  of  94  numbers  which  your  appen- 
dix specifies.  Of  all  the  rest  I  either  have,  or  expect 
copies  in  consequence  of  the  measures  I  have  taken. 

1  have  the  honour  to  be,  &c. 

Til:  JEFFERSON. 


A.  4.  Act  of  Rhode  Island  to  confiscate  and  sequester 
estates  and  banish  persons  of  certain  descriptions 
passed  October,  1775.  February,  March,  May, 
June,  July,  August,  October,  1775.  February, 
May,  June,  October,  1783. 

C.  11.  Act  of  Rhode  Island  to  send  out  of  the  state  N. 

Spink  and  John  Underwood. 

JO.  ditto.  to  send  Wm.  Young  thereto- 

fore banished   out    of  '!;^ 
?tatc,  &C. 


256  AMERICAN 

1  3.  Act  of  Rhode  Island  allowing  Wm.  Brenton  to  visit 

his  family,  &c. 

14.  ditto,  to  banish  S.  Knowles,  &c. 

D.  10.  Old  act  of  Maryland. 

16.  Act  of  Rhode  Island  of  May,  1786. 

E.  1,2,  3,  4,  8,  9.     The  cases  of  Neate  v.  executors,  Os- 

borne v.  Mifflin's  executors. — Hoare 
v.  Allen. — Stewardson  v.  Dorsey. — 

Rutgers     v.    Waddington. John 

Smith  Hatfield. 

The  records  of  these  cannot  be  dispensed  with. 


Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State  of  the  United  States. 
Philadelphia,  April  6,  1792. 

Sir, — I  have  been  so  much  engaged  for  the  last  five  or 
six  days,  that  I  have  not  had  it  in  my  power  sooner  to 
acknowledge  the  receipt  of  your  letter  of  the  30th  March 
— I  have  however  "now  the  honour  of  submitting  to  your 
consideration  some  few  remarks  on  the  several  points  con- 
tained in  my  statement,  of  which  you  require  an  expla- 
nation. 

With  respect  to  the  laws  of  Rhode  Island,  they  are  so 
blended  with  the  journal  of  the  general  proceedings  of  the 
legislature  of  the  state,  that  it  was  a  matter  of  some  diffi- 
culty to  separate  the  legislative  acts  from  the  other  trans- 
actions of  the  assembly — I  therefore  cannot  but  regret  that 
in  selecting  these  instances,  I  could  make  a  reference  only 
to  the  dates  of  the  particular  years  in  which  they  were 
passed — these  last  will,  I  trust,  upon  recurring  to  the  col- 
lection of  the  laws  of  Rhode  Island  (which  book  is  no 
longer  in  my  possession)  be  found  to  be  faithfully  stated — 
By  the  expression  the  old  act  of  Maryland,  I  meant  to  com- 
bine the  statute  of  the  5th  of  George  the  n.  (declaring 
lands  in  the  plantations  to  be  personal  estate  for  the  pay- 
ment of  debts  due  to  British  merchants)  with  the  act  of 


STATE   PAPER9.  23? 

assembly  of  that  state  of  1716,  Ch.  xvi.  Sect.  2.  (pointing 
out  the  mode  of  appraisement  and  delivery  of  the  debtors 
lands  in  common  with  his  personal  property) — This  statute 
and  colonial  law  have  I  understand,  been  acted  upon  in 
the  state  courts  of  Maryland,  since  the  establishment  of 
its  independence,  but  from  the  strict  application  of  the 
principle  of  alienage,  mentioned  in  the  text  to  which  this 
note  refers,  British  creditors  are  incompetent  to  the  hold- 
ing of  real  estates,  assigned  under  these  valuation  laws,  in 
payment  of  their  debts. 

All  the  cases  to. which  you  have  alluded  (excepting  that 
of  Rutgers  v.  Waddington,  which  was  printed  at  New 
York)  have  been  collected  from  the  manuscript  notes  of 
a  friend,  and  I  have  no  doubt  of  their  being  accurately 
reported — I  wish  it  were  in  my  power  to  furnish  you  with 
the  records  of  them,  but  I  beg  leave  to  suggest  to  you,  sir, 
with  the  utmost  deference,  whether  those  documents  could 
not  be  obtained  on  application  to  the  courts  of  the  states, 
in  which  the  actions  were  tried,  or  the  reports  be  supplied 
by  the  gentlemen  of  the  law,  employed  in  the  several  suits. 

Should  this  explanation  not  be  satisfactory  to  you,  sir,  I 
will  certainly  endeavour  to  obtain  some  farther  informa- 
tion upon  the  several  points  to  which  you  have  referred, 
as  after  the  very  polite  and  obliging  manner,  in  which  you 
have  been  pleased  to  express  your  desire  of  saving  me 
trouble,  I  certainly  feel  it  an  act  of  reciprocal  attention 
due  from  me  to  facilitate,  by  all  the  means  in  my  power, 
your  investigation  of  any  part  of  the  statement,  which  I 
delivered  to  you.     1  have  the  honour  to  he,  &x. 

GEO.  HAMMOND. 


Mr.  Jefferson,  Secretary  of  Stale  of  the  United  States,  to  Mr, 
Hammond,  Minister  Plenipotentiary  of  Great  Britain. 

Sir, — Your  favour  of  March  5th  has  been  longer  un- 
answered than  consisted  with  my  wishes,  to  forward  as 
much  as  possible  explanations  of  the  several  matters  it 
contained.  But  these  matters  were  very  various,  and  the 
evidence  of  them  not  easily  to  be  obtained,  even  where  it 
could  be  obtained  at  all.  It  has  been  a  work  of  time  and 
trouble,  to  collect  from  the  different  stales  all  the  acts  them- 
selves, of  which  you  had  cited  \\\o  titles,  and  to  investigate 
vot..  j%  33 


25  9  AMERICAN1 

the  judiciary  decisions  which  were  classed  with  those  acts 
as  infractions  of  the  treaty  of  peace.  To  these  causes  of 
delay  may  be  added  the  daily  duties  of  my  office,  necessa- 
rily multiplied  during  the  sessions  of  the  legislature. 

Section  1.  I  can  assure  you  with  truth,  that  we  meet 
you  on  this  occasion,  with  the  sincerest  dispositions  to 
remove  from  between  the  two  countries  those  obstacles  to 
a  cordial  friendship,  which  have  arisen  from  an  inexecu- 
tion  of  some  articles  of  the  treaty  of  peace.  The  desire 
entertained  by  this  country,  to  be  on  the  best  terms  with 
yours,  has  been  constant,  and  has  manifested  itself 
through- its  different  forms  of  administration,  by  repeated 
overtures  to  enter  into  such  explanations  and  arrange- 
ments, as  should  be  right  and  necessary,  to  bring  about  a 
complete  execution  of  the  treaty.  The  same  dispositions 
lead  us  to  wish,  that  the  occasion  now  presented  should 
not  be  defeated  by  useless  recapitulations  of  what  had 
taken  place  anterior  to  that  instrument.  It  was  with  con- 
cern, therefore,  1  observed  that  you  had  thought  it  neces- 
sary to  go  back  to  the  very  commencement  of  the  war,  and 
in  several  parts  of  your  letter  to  enumerate  and  comment 
on  all  the  acts  of  our  different  legislatures,  passed  during 
the  whole  course  of  it,  in  order  to  deduce  from  thence  -im- 
putations which  your  justice  would  have  suppressed,  had 
the  whole  truth  been  presented  to  your  view,  instead  of 
particular  traits,  detached  from  the  ground  on  which  they 
stood.  However  easy  it  would  be  to  justify  our  country, 
by  bringing  into  view  the  whole  ground,  on  both  sides,  to 
show  that  legislative  warfare  began  with  the  British  par- 
liament, that  when  they  levelled  at  persons  or  property, 
it  was  against  entire  towns  or  countries,  without  discrimi- 
nation of  cause  or  conduct,  while  we  touched  individuals 
only  ;  naming  them  man  by  man,  after  due  consideration  of 
each  case,  and  careful  attention  not  to  confound  the  inno- 
cent with  the  guilty ;  however  advantageously  we  might 
compare  the  distant  and  tranquil  situation  of  their  legis- 
lature with  the  scenes  in  the  midst  of  which  ours  were 
obliged  to  legislate,  and  might  then  ask,  whether  the  dif- 
ference of  circumstance  and  situation  would  not  have  jus- 
tified a  contrary  difference  of  conduct,  and  whether  the 
wonder  ought  to  be,  that  our  legislatures  had  done  so  much, 
or  so  little.     We  will  wave  all  this,  because  it  would  lead 


STATE    PAPERS.  25£ 

to  recollections,  as  unprofitable  as  unconciliating.  The 
titles  of  some  of  your  acts,  and  a  single  clause  of  one  of 
them  only,  shall  be  thrown  among  the  documents  at  the 
end  of  this  letter  [No.  1.  2.]  and  with  this,  we  will  drop 
for  ever  the  curtain  on  this  tragedy  I 

Sect  2.  We  now  come  together  to  consider  that  instru- 
ment which  was  to  heal  our  wounds,  and  begin  a  new 
chapter  in  our  history.  The  state  in  which  that  found 
things,  is  to  be  considered  as  rightful :  so  says  the  law  of 
nations.*  L'etat  ou  les  choscs  se  trouvent  au  moment  du 
traite  doit  passer  pour  legitime ;  et  si  l'on  veut  y  appor- 
ter  du  changement  il  faut  que  le  traite  en  fasse  une  men- 
tion cxpresse.  Par  consequent  toutes  les  choses  dont  1© 
traite  ne  dit  rien,  doivent  demeurer  dans  l'etat  ou  elles 
se  trouvent  lors  de  sa  conclusion.  Vattel,  1.  4.  s.  21. 
'  De  quibus  nihil  dictum,  ea  manent  quo  sunt  loco.  Wolf, 
1222.  No  alterations  then  are  to  be  claimed  on  either 
side,  but  those  which  the  treaty  has  provided.  The  mo- 
ment too,  to  which  it  refers,  as  a  rule  of  conduct  for  this 
country  at  large,  was  the  moment  of  its  notification  to  the 
country  at  large. t  Vattel,  1.  4.  s.  24.  '  Le  traite  de 
paix  oblige  les  parties  contraciantes  du  moment  qu'il  est 
conclu  aussitot  qu'il  a  re$u  toute  sa  forme  ;  et  elles  doi- 
vent procurer  incessamment  l'execution — mais  ce  traite 
n'oblige  les  sujets  que  du  moment  qu'il  leur  est  notifie' — 
and  s.  25.     '  Le  traite  devicnt  par  la  publication^  une  loi 

*  '  The  state  ia  which  things  are  found  at  the  moment  of  the  treaty 
•should  be  considered  as  lawful,  and  if  it  is  meant  to  make  any  change  in  it 
the  treaty  must  expressly  mention  it.  Consequently  all  things  about  which 
the  treaty  is  silent,  must  remain  in  the  state  in  which  they  are  found  at  its 
conclusion.'     Vattel,  1.  4.  s.  21. 

'  Those  tilings  of  which  nothing  is  said,  remain  in  the  state  in  wliich  they 
are.'     Wolf,  1222. 

t  Vattel,  1.  4.  s.  24.  '  The  treaty  of  peace  binds  the  corti 'meting  parties 
from  the  moment  it  is  concluded,  as  soon  as  it  lias  received  its  whole  form, 
and  they  ought  immediately  to  have  il  executed. — But  this  treaty  does 
not  bind  the  subjects,  but  from  the  moment  it  is  notified  to  them.'  And,  s. 
2L">.  c  The  treaty  becomes,  by  its  publication^  a  law  for  the  subjects,  and 
they  are  obliged,  thenceforward,  to  conform  themselves  to  the  stipulations 
therein  agreed  on.' 

4  The  paction  of  the  peace  binds  the  contractors  immediately  as  it  is  per- 
fect, since  the  obligation  i«  derived  from  the  pact;  but  the  subjects  and  sol- 
diers, as  soon  as  it  is  pubtishrd  to  them  ;  since  they  cannot  hare  certain  o--i- 
denet  of  it  btforc  Us  publication.''    Wolf,  s.  I.'."'. 


$60  AMERICAN 

pour  les  sujets,  et  ils  sont  obliges  de  se  conlbrmer  desor- 
mais  aux  dispositions  dont  on  y  est  convenu.' — And  another 
author  as  pointedly  says,  '  Pactio  pacis  paciscentes  statim 
obligat  quara  primum  perfecta,  cum  ex  pacto  veniat  obli- 
gatio.  Subditos  vero  et  milites,  quam  primum  iisdem 
fuerit  publicata  ;  cum  de  ea.  ante  public ationtm  ipsis  certo 
constare  non  possitS  Wolf,  s.  1 229.  It  was  stipulated 
indeed  by  the  ix  article,  that '  if  before  its  arrival  in  Ame- 
rica,' any  place  or  territory  belonging  to  either  party 
should  be  conquered  by  the  arms  of  the  other,  it  should 
be  restored.  This  was  the  only  case  in  which  transac- 
tions intervening  between  the  signature  and  publication 
were  to  be  nullified. 

Congress,  on  the  24th  of  March,  1 783,  received  informal 
intelligence  from  the  marquis  de  la  Fayette,  that  provision- 
al articles  were  concluded ;  and  on  the  same  day,  they 
received  a  copy  of  the  articles,  in  a  letter  of  March  19th 
from  general  Carleton  and  admiral  Digby.  They  imme- 
diately gave  orders  for  recalling  all  armed  vessels,  and 
Communicated  the  orders  to  those  officers,  who  answered 
on  the  26th  and  27th  that  they  were  not  authorized  to 
concur  in  the  recall  of  armed  vessels,  on  their  part.  On 
the  1 1  th  of  April,  Congress  received  an  official  copy  of 
these  articles  from  doctor  Franklin,  with  notice  that  a 
•preliminary  treaty  was  now  signed  between  France,  Spain, 
and  England.  The  event  having  now  taken  place  on 
which  the  provisional  articles  were  to  come  into  effect  on 
he  usual  footing  of  preliminaries,  Congress  immediately 
proclaim  them,  and  on  the  19th  of  April,  a  cessation  of 
hostilities  is  published  by  the  commander  in  chief.  These 
particulars  place  all  acts  preceding  the  11th  of  April  out 
of  the  present  discussion,  and  confine  it  to  the  treaty  itself, 
and  the  circumstances  attending  its  execution.  I  have 
therefore  taken  the  liberty  of  extracting  from  your  list  of 
American  acts  all  those  preceding  that  epoch,  and  of 
throwing  them  together  in  the  paper,  No.  6,  as  things  out 
of  question.  The  subsequent  acts  shall  be  distributed, 
according  to  their  several  subjects  of  i.  Exile  and  Confis- 
cation, ii.  Debts,  and  m.  Interest  on  those  debts. 
Beginning  i.  with  those  of  exile  and  confiscation,  which 
mfi  be  considered  together,  because  blended  together  in 
most  of  the  acts,  and  blended  also  in  the  same  article  of 
the  tr.eatv. 


STATE  PAPERS.  261 

S.  3.  It  cannot  be  denied  that  the  state  of  war  strictly 
permits  a  nation  to  seize  the  property  of  its  enemies  found 
within  its  own  limits,  or  taken  in  war,  and  in  whatever 
form  it  exists,  whether  in  action  or  possession.  This  is  so 
perspicuously  laid  down  by  one  of  the  most  respectable 
writers  on  subjects  of  this  kind,  that  I  shall  use  his  words, 
"  *  Cum  ea  sit  belli  conditio,  ut  hostes  sint  omni  jure  spo- 
liati,  rationis  est,  quascunque  res  hostium  apud  hostes  in- 
ventas  dominum  mutare,  et  fisco  cedere.  Solet  praeterea 
in  singulis  fere  belli  indictionibus  constitui,  ut  bona  hos- 
tium, tarn  apud  nos  repcrta,  quam  capta  bello  publicentur. 
Si  merum  jus  belli  sequamur,  etiam  irnmobilia  possent 
vendi,  et  eorum  pretium  in  fiscum  redigi,  ut  in  mobilibus 
obtinet.  Sed  in  omni  fere  Europa  sola  fit  annotatio,  ut 
eorum  fructus,  durante  bello,  percipiat  fiscus,  finito  autum 
bello,  ipsa  irnmobilia  ex  pactis  restituuntur  pristinis  domi- 
nis."  Bynkersh.  Quest.  Jur.  Pub.  1.  I.  c.  7.  Every 
nation,  indeed,  would  wish  to  pursue  the  latter  practice, 
if  under  circumstances  leaving  them  their  usual  resources. 
But  the  circumstances  of  our  war  were  without  example, 
excluded  from  all  commerce,  even  with  neutral  nations, 
without  arms,  money,  or  the  means  of  getting  them  abroad, 
we  were  obliged  to  avail  smrselves  of  such  resources  as 
we  found  at  home.  Great  Britain  too,  did  not  consider  it 
as  an  ordinary  war,  but  a  rebellion  ;  she  did  not  conduct 
it  according  to  the  rules  of  war,  established  by  the  law  of 
nations,  but  according  to  her  acts  of  parliament,  made  from 
time  to  time,  to  suit  circumstances.  She  would  not  admit 
our  title  even  to  the  strict  rights  of  ordinary  Avar.  She 
cannot  then  claim  from  us  its  liberalities,  yet  the  confisca- 
tions of  property  were  by  no  means  universal,  and  that  of 
debts  still  less  so.     What  effect  was  to  be  produced  on 

*u  Since  it  is  a  condition  of  war  (hat  enemies  may  be  deprived  of  all 
their  rights,  it  is  reasonable  that  every  tiling  of  an  enemy's  found  among 
his  enemies  should. change  its  owner,  and  go  to  the  treasury.  It  is  more- 
over u.sually  directed,  in  all  declarations  of  war,  that  the  goods  of  enemies, 
as  well  those  found  among  w,  as  those  taken  in  war,  shall  be  confiscated.  If 
we  follow  the  mere  right  of  war,  even  immoveable  property  may  be  sold, 
and  its  price  carried  into  the  treasury,  as  is  the  custom  with  moveable  pro- 
j)  ut  v.  Hut  in  almost  all  Europe,  it  is  only  notified  that  their  profits,  during 
the  war,  shall  be  received  by  the  treasury,  and  the  war  being  ended,  the 
immoveable  property  itself  is  restored  by  agreement  to  the  former  owner." 
By  ok.  Quest.  Jur.  pub.  1.  I.  c.  7. 


262  AMERICAN 

them  by  the  treaty,  will  be  seen  by  the  words  of  the  v.  ar* 
ficle,  which  are  as  follows. 

S.  4.  Article  v.  It  is  agreed,  that  the  Congress  shall 
earnestly  recommend  it  to  the  legislatures  of  the  respec- 
tive states  to  provide  for  the  restitution  of  all  estates, 
rights  and  properties,  which  have  been  confiscated,  be- 
longing to  real  British  subjects,  and  also,  of  the  estates, 
rights,  and  properties  of  persons  resident  in  districts  in 
the  possession  of  his  majesty's  arms,  and  who  have  not 
borne  arms  against  the  said  United  States ;  and  that  per- 
sons of  any  other  description  shall  have  free  liberty  to  go 
to  any  part  or  parts  of  any  of  the  thirteen  United  States, 
and  therein  to  remain  twelve  months  unmolested  in  their 
endeavours  to  obtain  the  restitution  of  such  of  their 
estates,  rights,  and  properties  as  may  have  been  con- 
fiscated :  And  that  Congress  shall  also  earnestly  recom- 
mend to  the  several  states  a  reconsideration  and  revision 
of  all  acts  or  laws  regarding  the  premises,  so  as  to  render 
the  said  laws  or  acts  perfectly  consistent,  not  only  with 
justice  and  equity,  but  with  that  spirit  of  conciliation, 
which  on  the  return  of  the  blessings  of  peace  should  uni- 
versally prevail :  and  that  Congress  shall  also  earnestly 
recommend  to  the  several  states,  that  the  estates,  rights, 
and  properties  of  such  last  mentioned  persons  shall  be 
restored  to  them,  they  refunding  to  any  persons  who  may 
be  now  in  possession  the  bona  fide  price  (where  any  has 
been  given)  which  such  persons  may  have  paid  on  pur- 
chasing any  of  the  said  lands,  rights,  or  properties,  since 
the  confiscation.  And  it  is  agreed,  that  all  persons  who 
have  any  interest  in  confiscated  lands,  either  by  debts, 
marriage  settlements,  or  otherwise,  shall  meet  with  no 
lawful  impediment  in  the  prosecution  of  their  just  rights. 

"  Article  vi.  That  there  shall  be  no  future  confiscations 
made."' 

S.  b.  Observe  that  in  every  other  article,  the  parties 
agree  expressly,  that  such  and  such  things  shall  be  done. 
In  this,  they  only  agree  to  recommend  that  they  shall  be 
done.  You  ore  pleased  to  say  (page  7.)  i;  It  cannot  lie 
presumed,  that  the  commissioners  who  negotiated  the  trea- 
ty of  peace  would  engage,  in  behalf  of  Congress,  to  make 


STATE  PAPBRS.  J26& 

recommendations  to  the  legislatures  of  the  respective  states, 
which  they  did  not  expect  to  be  effectual,  or  enter 
into  direct  stipulations,  which  they  had  not  the  power  to 
enforce."  On  the  contrary,  we  may  fairly  presume,  that 
if  they  had  had  the  power  to  enforce,  they  would  not 
merely  have  recommended.  When  in  every  other  article, 
they  agree  expressly  to  do,  Avhy  in  this  do  they  change  the 
style  suddenly  and  agree  only  to  recommend  ? — because 
the  things  here  proposed  to  be  done  were  retrospective  in 
their  nature,  would  tear  up  the  laws  of  the  several  states, 
and  the  contracts  and  transactions  private  and  publick, 
which  had  taken  place  under  them ;  and  retrospective 
laws  were  forbidden  by  the  constitutions  of  several  of  the 
states.  Between  persons,  whose  native  language  is  that 
of  this  treaty,  it  is  unnecessary  to  explain  the  difference 
between  enacting  a  thing  to  be  done,  and  recommending  it 
to  be  done  ;  the  words  themselves  being  as  well  under- 
stood, as  any  by  which  they  could  be  explained.  But  it 
may  not  be  unnecessary  to  observe  that  recommendations 
to  the  people,  instead  of  laios,  had  been  introduced  among 
us,  and  were  rendered  familiar  in  the  interval  between 
discontinuing  the  old,  and  establishing  the  new  govern- 
ments* The  conventions  and  committees  who  then  as- 
sembled, to  guide  the  conduct  of  the  people,  having  no 
authority  to  oblige  them  by  law,  took  up  the  practice  of 
dimply  recommending  measures  to  them.  These  recom- 
mendations they  either  complied  with  or  not,  at  their  plea- 
sure. If  they  refused,  there  was  complaint  but  no  com- 
pulsion. So  after  organizing  the  governments,  if  at  any 
time  it  became  expedient  that  a  thing  should  be  done, 
which  Congress,  or  any  other  of  the  organized  bodies  were 
not  authorized  to  ordain,  they  simply  recommended  and 
left  to  the  people,  or  their  legislatures,  to  comply,  or  not, 
as  they  pleased.  It  was  impossible  that  the  negotiators 
on  either  side  should  have  been  ignorant  of  the  difference 
between  agreeing  to  do  a  thing,  and  agreeing  only  to  re- 
commend it  to  be  done.  The  import  of  the  terms  is  so 
different,  that  no  deception  or  surprise  could  be  supposed, 
ttvcn  if  there  were  no  evidence  that  the  difference  was  at- 
tcnded  l<>,  explained  and  understood. 

S.  G.   But  the  evidence  on -this  occasion  removes  all 
question.     It  is  weiJ  known,  that  the   British  court  had  it 


264  AMERICAN 

extremely  at  heart,  to  procure  a  restitution  of  the  estates 
of  the  refugees  who  had  gone  over  to  their  side  :  that  the) 
proposed  it  in  the  first  conferences,  and  insisted  on  it  to 
1.1  le  last :  that  our  commissioners,  on  the  other  hand,  re- 
fused it  from  first  to  last,  urging  1st.  That  it  was  unrea- 
sonable to  restore  the  confiscated  property  of  the  refugees, 
unless  they  would  reimburse  the  destruction  of  the  pro- 
perty of  our  citizens,  committed  on  their  part ;  and  2ndly, 
That  it  was  beyond  the  powers  of  the  commissioners  to 
stipulate,  or  of  Congress  to  enforce.  On  this  point,  the 
treaty  hung  long.  It  was  the  subject  of  a  special  mis- 
sion of  a  confidential  agent  of  the  British  negotiator  from 
Paris  to  London.  <  It  was  still  insisted  on,  on  his  return, 
and  still  protested  against,  by  our  commissioners :  And 
when  they  were  urged  to  agree  only,  that  Congress  should 
recommend  to  the  state  legislatures  to  restore  the  estates, 
&c.  of  the  refugees,  they  were  expressly  told  that  the 
legislatures  would  not  regard  the  recommendation.  In 
proof  of  this,  I  subjoin  extracts  from  the  letters  and  jour- 
nals of  Mr.  Adams  and  Dr.  Franklin,  two  of  our  commis- 
sioners, the  originals  of  which  are  among  the  records  of 
the  Department  of  State,  and  shall  be  open  to  you  for  a 
verification  of  the  copies.  These  prove,  beyond  all 
question,  that  the  difference  between  an  express  agree- 
ment to  do  a  thing  and  to  recommend  it  to  be  done  was 
well  understood  by  both  parties,  and  that  the  British  ne- 
gotiators were  put  on  their  guard  by  those  on  our  part, 
not  only,  that  the  legislatures  would  be  free  to  refuse,  but 
that  they  probably  would  refuse.  And  it  is  evident,  from 
all  circumstances,  that  Mr.  Oswald  accepted  the  recom- 
mendation merely  to  have  something  to  oppose  to  the  cla- 
mours of  the  refugees,  to  keep  alive  a  hope  in  them,  that 
they  might  yet  get  their  property  from  the  state  legisla- 
tures; and  that,  if  they  should  fail  in  this,  they  would 
have  ground  to  demand  indemnification  from  their  own 
government;  and  he  might  think  it  a  circumstance  of 
present  relief  at  least,  that  the  question  of  indemnification 
by  them  should  be  kept  out  of  sight,  till  time  and  events 
should  open  it  upon  the  nation  insensibly. 

S.  7.  The  same  was  perfectly  understood  by  the  British 
ministry,  and  by  the  members  of  both  Houses  of  Parlia- 
ment, as  well  those  who  advocated  as  those  who  opposed 


S^ATE  t A*E*fr.  865 

the  treaty:  the  latter  of  whom,  being  out  of  the  secrets  of 
the  negotiation,  must  have  formed  their  judgments  on  the 
mere  import  of  the  terms.  That  all  parties  concurred  in 
this  exposition  will  appear  by  the  following  extracts  from 
the  parliamentary  register;  a  work,  which,  without  pre* 
tending  to  give  what  is  spoken  with  verbal  accuracy,  may 
yet  be  relied  on,  we  presume,  for  the  general  reasoning 
and  opinion  of  the  speakers. 


House  of  Commons* 

The  preliminary  articles  under  consideration:  1783, 
Feb.  1 7th.  Mr.  Thomas  Pitt.  "  That  the  interests  of  the 
sincere  loyalists  were  as  dear  to  him,  as  to  any  man  ;  but 
that  he  could  never  think  it  would  have  been  promoted  by 
carrying  on  that  unfortunate  war,  which  parliament  had  in 
fact  suspended  before  the  beginning  of  the  treaty  ;  that  it 
was  impossible,  alter  the  part  Congress  was  pleased  to 
take  in  it,  to  conceive  that  their  recommendation  would  not 
have  its  proper  influence  on  the  different  legislatures  ; 
that  he  did  not  himself  see  what  more  could  have  been 
done  on  their  behalf,  except  by  renewing  the  war  for 
their  sakes,  and  increasing  our,  and  their  calamities."  9. 
Debrett's  Pari.  Register,  233. 

Mr.  Wilberforce.  "  When  he  considered  the  case  of 
the  loyalists,  he  confessed  he  felt  himself  there  conquered, 
(here  he  saw  his  country  humiliated ;  he  saw  her  at  the 
feet  of  America  !  Still  he  was  induced  to  believe,  that 
Congress  would  religiously  comply  with  the  article,  and 
that  the  loyalists  A\ould  obtain  redress  from  America. 
Should  they  not,  this  country  was  bound  to  afford  it  them. 
They  must  be  compensated.  Ministers,  he  was^persuaded, 
meant  to  keep  the  faith  of  the  nation  with  them,  and  he 
verily  believed,  had  obtained  the  best  terms  they  possibly 
could  for  them."  ib.  2  ]6. 

Mr.  Secretary  Townsend.  "  He  was  ready  to  admit, 
that  many  of  the  loyalists  had  the  strongest  claims  upon 
this  country ;  and  he  trusted  should  the  rtcommaulation  of 
Congress  to  the  American  states  prove  unsuccessful,  which 
he  nattered  himself  would  not  I  v.-  the  case,  this  country 
would  foci  itself  bound  in  honour  to  make  (hem  full  com- 
pensation for  their  losses."  ik  2£-2. 
vol.  i.  34 


266  AMERICAN 


House  of  Lords,  February  17,  1783. 

Lord  Shelbume.  "  A  part  must  be  wounded,  that  the 
whole  of  the  empire  may  not  perish.  If  better  terms  could 
be  had,  think  you,  my  lords,  that  I  would  not  have  em- 
braced them  ?  You  all  know  my  creed.  You  all  know  my 
steadiness.  If  it  were  possible  to  put  aside  the  bitter  cup, 
(he  adversities  of  this  country  presented  to  me,  you  know 
I  would  have  done  it :  but  you  called  for  peace.  I  had 
but  the  alternative,  either  to  accept  the  terms,  said  Con- 
gress, of  our  recommendation  to  the  states  in  favour  of  the 
colonists,  or  continue  the  war.  It  is  in  our  power  to  do 
no  more  than  recommend.  Is  there  any  man  who  hears  me, 
who  will  clap  his  hand  on  his  heart,  and  step  forward  and 
say,  I  ought  to  have  broken  off  the  treaty  ?  If  there  be,  I 
am  sure  he  neither  knows  the  state  of  the  country,  nor  yet 
has  he  paid  any  attention  to  the  wishes  of  it :  but  say  the 
worst — and  that  after  all,  this  estimable  set  of  men  are  not 
received  and  cherished  in  the  bosom  of  their  own  country. 
Is  England  so  lost  to  gratitude,  and  all  the  feelings  of  hu- 
manity, as  not  to  afford  them  any  asylum  ? — Who  can  be  so 
base  as  to  think  she  will  refuse  it  to  them  ?  Surely  it  can- 
not be  that  noble  minded  man,  who  would  plunge  his 
country  again  knee  deep  in  blood,  and  saddle  it  with  an 
expense  of  twenty  millions  for  the  purpose  of  restoring 
them.  Without  one  drop  of  blood  spilt,  and  without  one 
fifth  of  the  expense  of  one  year's  campaign,  happiness  and 
ease  can  be  given  to  the  loyalists  in  as  ample  a  manner  as 
these  blessings  were  ever  in  their  emjoyment :  therefore 
let  the  outcry  cease  on  this  head."     lb.  70,  71. 

Lord  Hawke.  "  In  America,"  said  he,  "  Congress  had 
engaged  to  recommend  their  [the  loyalists]  cause  to  the 
legislatures  of  the  country  :  What  other  term  could  they 
adopt  1  He  had  searched  the  journals  of  Congress  on  this 
subject :  what  other  term  did  they,  or  do  they  ever  adopt. 
in  their  requisitions  to  the  different  provinces  1  It  is  an 
undertaking  on  the  part  of  Congress  :  that  body,  like  the 
king  here,  is  the  executive  power  in  America.  Can  the 
crown  undertake  for  the  two  houses  of  parliament  ?  It  can 
only  recommend.  He  flattered  himself  that  recommenda- 
tion would  be  attended  with  success  ;  but,  said  he,  state 
the  case,  that  it  will  not.  the  liberality  of  Great  Britain  i- 


STATE  PAPERS.  267 

still  open  to  them.  Ministers  had  pledged  themselves  to 
indemnify  them  ;  not  only  in  the  address  now  moved  for, 
but  even  in  the  last  address,  and  in  the  speech  from  the 
throne." 

Lord  Walsingham.  "  We  had  only  die  recommendation 
of  Congress  to  trust  to,  and  how  often  had  their  recom- 
mendations been  fruitless  ?  There  were  many  cases  in  poim 
in  which  provincial  assemblies  had  peremptorily  refused 
the  recommendations  of  Congress.  It  was  but  the  other 
day  the  states  refused  money  on  the  recommendations  of 
Congress.  Rhode  Island  unanimously  refused  when  the 
Congress  desired  to  be  authorized  to  lay  a  duty  of  5  per 
cent,  because  the  funds  had  failed.  Many  other  circum- 
stances might  be  produced  of  the  failure  of  the  recommen- 
dations of  Congress,  and  therefore  we  ought  not,  in  nego- 
tiating for  the  loyalists,  to  have  trusted  to  the  recommenda- 
tions of  Congress.  Nothing  but  the  repeal  of  the  acts 
existing  against  them  ought  to  have  sufficed,  as  nothing 
else  could  give  effect  to  the  treaty  ;  repeal  was  not  men- 
tioned. They  had  only  stipulated  to  revise  and  reconsider 
them."    11.  Dcbrett's  Pari.  Reg.  44. 

Lord  Sackville.  "  The  king's  ministers  had  weakly 
imagined  that  the  recommendation  of  Congress  was  a  suffi- 
cient security  for  these  unhappy  men.  For  his  own  "part, 
so  far  from  believing  that  this  would  be  sufficient,  or  any 
thing  like  sufficient,  for  their  protection,  he  was  of  a  direct 
contrary  opinion :  and  if  they  entertained  any  notions  of 
1  his  sort,  he  would  put  an  end  to  their  idle  hopes  at  once, 
by  reading  from  a  paper  in  his  pocket  a  resolution,  which 
the  assembly  of  Virginia  had  come  to,  so  late  as  on  the 
1 7th  of  December  last. — The  resolution  was  as  follows, 
"  That  all  demands  or  requests  of  the  British  court  for  the 
restitution  of  property,  confiscated  by  this  state,  being 
neither  supported  by  law,  equity,  or  policy,  are  wholly 
inadmissible  :  and  that  our  delagates  in  Congress  be  in- 
structed to  move  Congress,  that  they  may  direct  their 
deputies  who  shall  represent  these  states  in  the  general 
Congress,  for  adjusting  a  peace  or  truce,  neither  to  agree 
to  any  such  restitution,  or  submit  that  the  laws  made  by 
any  independent  state;  in  this  Union  be  subjected  to  the 
adjudication  of  any  power  or  powers  on  earth.1'  lb.  page 
62,  63. 


268  AMERICA?; 

Some  of  the  speakers  seem  to  have  had  not  very  ac- 
curate ideas  of  our  government.  All  of  them,  however, 
have  perfectly  understood,  that  a  recommendation  was  a 
matter,  not  of  obligation  or  coercion,  but  of  persuasion  and 
influence,  merely.  They  appear  to  have  entertained 
greater  or  less  degrees  of  hope  or  doubt,  as  to  its  effect  on 
the  legislatures,  and  though  willing  to  see  the  result  of  this 
chance,  yet  if  it  failed,  they  were  prepared  to  take  the 
work  of  indemnification  on  themselves. 

S.  8.  The  agreement  then  being  only  that  Congress 
should  recommend  to  the  state  legislatures  a  restitution  of 
estates,  and  liberty  to  remain  a  twelve  month  for  the  pur- 
pose of  soliciting  the  restitution,  and  to  recommend  a  revi- 
sion of  all  acts  regarding  the  premises,  Congress  did  im- 
mediately on  the  receipt  of  the  definitive  articles,  to  wit, 
on  the  14th  of  January,  1784,  come  to  the  following  reso- 
lution, viz.  "  Resolved  unanimously,  nine  states  being  pre- 
sent, that  it  bo  and  it  is  hereby  earnestly  recommended  to 
the  legislatures  of  the  respective  states  to  provide  for  the 
restitution  of  all  estates,  rights,  and  properties,  which  have 
been  confiscated,  belonging  to  real  British  subjects  ;  and 
also,  of  the  estates,  rights,  and  properties  of  persons  resi- 
denfin  districts  which  were  in  possession  of  his  Britannick 
majesty's  arms,  at  any  time  between  the  30lh  day  of  No- 
vember, 1782,  and  the  14th  day  of  January,  1784,  and 
who  have  not  borne  arms  against  the  said  United  States  ; 
and  that  persons  of  any  other  description  shall  have  free 
liberty  to  go  to  any  part  or  parts  of  any  of  the  thirteen 
United  States,  and  therein  to  remain  twelve  months  unmo- 
lested in  their  endeavours  to  obtain  the  restitution  of  such 
of  their  estates,  rights  and  properties,  as  may  have  been 
confiscated  :  and  it  is  also  hereby  earnestly  recommended 
to  the  several  stales  to  reconsider  and  revise  all  their  acts 
or  laws  regarding  the  premises,  so  as  to  render  the  said 
laws  or  acts  perfectly  consistent  not  only  with  justice  and 
equity,  but  with  that  spirit  of  conciliation  which,  on  the 
return  of  the  blessings  of  peace,  should  universally  prevail : 
and  it  is  hereby  also  earnestly  recommended  to  the  several 
states  that  the  estates,  rights,  and  properties  of  such  lasf 
mentioned  persons  should  be  restored  to  them,  they  refund- 
ing to  any  persons  who  may  be  now  in  possession  the  bono 
#de  price  (where  any  has  been  given)  which  such  persons 


STATE  PAPERS..  269 

may  have  paid,  on  purchasing  any  of  the  said  lands,  rights, 
or  properties,  since  the  confiscation. 

Ordered,  that  a  copy  of  the  proclamation  of  this  date, 
together  with  the  recommendation,  be  transmitted  to  the 
several  states  by  the  secretary." 

S.  9.  The  British  negotiators  had  been  told  by  ours, 
that  all  the  states  would  refuse  to  comply  with  this  recom- 
mendation :  One  only,  however,  refused  altogether.  The 
others  complied  in  a  greater  or  less  degree,  according  to 
the  circumstances  and  dispositions  in  which  the  events  of 
the  war  had  left  them  ;  but  had  all  of  them  refused,  it 
would  have  been  no  violation  of  the  5th  article,  but  an 
exercise  of  that  freedom  of  will,  which  was  reserved  to 
them,  and  so  understood  by  all  parties. 

The  following  are  the  acts  of  your  catalogue  which  be- 
long to  this  head,  with  such  short  observations  as  are  neces- 
sary to  explain  them.  Beginning  at  that  end  of  the  Union 
where,  the  war  having  raged  most,  we  shall  meet  with  the 
most  repugnance  to  favour. 

S.  10.  Georgia.  July  29.  An  act  releasing  certain 
persons  from  their  bargains.  A  law  had  been  passed  dur- 
ing the  war,  to  wit :  in  1  782,  [A.  30.]  Confiscating  the 
estates  of  persons  therein  named  and  directing  them  to  be 
sold  : — they  were  sold ;  but  some  misunderstanding  hap- 
pened to  prevail  among  the  purchasers,  as  to  the  mode 
of  payment.  This  act  of  1783,  therefore  permits  such 
persons  to  relinquish  their  bargains,  and  authorizes  a  new 
sale — the  lauds  remaining  confiscated  under  the  law  made 
previous  to  the  peace. 

February  22.  An  act  to  authorize  the  auditor  to  liqui- 
date the  demands  of  such  persons  as  have  claims  against 
the  confiscated  estates.  In  the  same  law  of  confiscations 
made  during  the  war,  it  had  been  provided  that  the  estates 
confiscated  should  be  subject  to  pay  the  debts  of  their 
former  owner.  This  law  of  1785,  gave  authority  to  the 
audjtor  to  settle  with,  and  pay  the  creditors,  and  to  sell 
the  remaining  part  of  the  estate  confiscated  as  before. 

February  10.  An  act  to  compel  the  settlement  of  pub- 
lick  accounts,  for  inflicting  penalties,  and  vesting  th<* 
.tuditor  with  certain  powers.     This  law  also  is  founded  on 


270  AMERICAN 

the  same  confiscation  law  of  1782,  requiring  the  auditor  to 
press  the  settlement  with  the  creditors,  &c.   ' 

February  7.  An  act  for  ascertaining  the  rights  of  aliens, 
and  pointing  out  the  mode  for  the  admission  of  citizens. 
It  first  describes  what  persons  shall  be  free  to  become  citi- 
zens, and  then  declares  none  shall  be  capable  of  that 
character  who  had  been  named  in  any  confiscation  law,  or 
banished,  or  had  borne  arms  against  them.  This  act  does 
not  prohibit  either  the  refugees,  or  real  British  subjects 
from  coming  into  the  state  to  pursue  their  lawful  affairs. 
It  only  excludes  the  former  from  their  right  of  citizenship, 
and  it  is  to  be  observed,  that  this  recommendatory  article 
does  not  say  a  word  about  giving  them  a  right  to  become 
citizens.  If  the  conduct  of  Georgia  should  appear  to  have 
been  peculiarly  uncomplying,  it  must  be  remembered  that 
that  state  had  peculiarly  suffered  ;  that  the  British  army 
had  entirely  overrun  it ;  had  held  possession  of  it  for  some 
years  ;  and  that  all  the  inhabitants  had  been  obliged  either 
to  abandon  their  estates  and  fly  their  country,  or  to  remain 
in  it  under  a  military  government. 

S.  11.  South  Carolina.  August  15th.  An  act  to  vest 
1 80  acres  of  land,  late  the  property  of  James  Holmes,  in 
certain  persons,  in  trust  for  the  benefit  of  a  publick  school. 
These  lands  had  beert  confiscated  and  sold  during  the  war. 
The  present  law  prescribes  certain  proceedings  as  to  the 
purchasers,  and  provides  for  paying  the  debts  of  the  for- 
mer proprietors. 

March  22.  An  act  to  amend  the  confiscation  act,  and 
for  other  purposes  therein  mentioned.  This  relates  only 
to  estates  which  had  been  confiscated  before  the  peace. 
It  makes  some  provision  towards  a  final  settlement,  and 
relieves  a  number  of  persons  from  the  amercements  which 
had  been  imposed  on  them  during  the  war,  for  the-  part 
they  had  taken. 

March  26.  An  act  restoring  to  certain  persons  their 
estates,  and  permitting  the  said  persons  to  return,  and  for 
other  purposes.  This  act  recites,  that  certain  cstates^iad 
been  confiscated,  and  the  owners  124  in  number  banished 
by  former  laws  ;  that  Congress  had  earnestly  recommend- 
ed in  the  terms  of  the  treaty  :  it  therefore  distributes  them 
into  three  lists  or  classes,  restoring  to  all  of  them  the  lands 
themselves  where  they  remained  unsold,  and  the  price, 


STATE  PAPERS.  271 

where  sold,  requiring  from  those  in  lists,  No.  1 ,  and  3,  to 
pay  1 2  per  cent,  on  the  value  of  what  was  restored,  and 
No.  2,  nothing ;  and  it  permits  all  of  them  to  return,  only 
disqualifying  those  of  No.  1  and  3  ;  who  had  borne  military 
commissions  against  them  from  holding  any  office  for  seven 
years. 

Governour  Moultrie's  letter  of  June  21,  1786,  informs 
us,  that  most  of  the  confiscations  had  been  restored  ;  that 
the  value  of  those  not  restored,  was  far  less  than  that 
of  the  property  of  their  citizens  carried  off  by  the  British, 
and  that  fifteen,  instead  of  twelve  months  had  been  allowed 
to  the  persons  for  whom  permission  was  recommended  to 
come  and  solicit  restitution. 

S.  12.  North  Carolina.  October.  An  Act  directing  the 
sale  of  confiscated  property. 

December  29.  An  act  to  secure  and  quiet  in  their  pos- 
sessions, the  purchasers  of  lands,  goods,  &c.  sold,  or  to  be 
sold  by  the  commissioners  of  forfeited  estates.  These  two 
acts  relate  expressly  to  property  "  heretofore  confiscated." 
and  secure  purchasers  under  those  former  confiscations. 

The  case  of  Bayard,  v.  Singleton,  adjudged  in  a  court 
of  Judicature  in  North  Carolina.  Bayard  was  a  purchaser 
of  part  of  an  estate  confiscated  during  the  war,  and  the 
court  adjudged  lu's  title  valid  ;  and  it  is  difficult  to  con- 
ceive on  what  principle  that  adjudication  can  be  com- 
plained of  as  an  infraction  of  the  treaty. 

November  19.  An  act  was'passed  to  restore  a  confis- 
cated estate  to  the  former  proprietor,  Edward  Bridgen. 

October.  An  act  to  describe  and  ascertain  such  per- 
sons as  owed  allegiance  to  the  state,  and  impose  certain 
disqualifications  on  certain  persons  therein  named. 

November.     An  act  to  amend  the  preceding  act. 

April.  An  act  of  pardon  and  oblivion.  The  two  first 
of  these  acts  exercised  the  right  of  the  state,  to  describe 
who  should  be  its  citizens,  and  who  should  be  disqualified 
from  holding  offices.  The  last,  entitled  An  act  of  pardon 
and  oblivion,  1  have  not  been  able  to  see  ;  but  so  far  as  it 
pardons,  it  is  a  compliance  with  the  recommendation  of 
Congress  under  the  treaty,  and  so  far  as  it  excepts  per- 
sons out  of  the  pardon,  it  is  a  refusal  to  comply  with  th<» 
recommendation,  which  it  had  a  right  to  do.     It  docs  not 


£72  AMERICAN 

appear,  that  there  has  been  any  obstruction  to  the  return 
of  those  persons  who  had  claims  to  prosecute. 

S.  13.  Virginia.  The  catalogue  under  examination  pre- 
sents no  act  of  this  state  subsequent  to  the  treaty  of  peace, 
on  the  subject  of  confiscations.  By  one  of  October  18, 
1784,  they  declared  there  should  be  no  future  confiscations. 
But  they  did  not  choose  to  comply  with  the  recommenda- 
tion of  Congress,  as  to  the  restoration  of  property  which 
had  been  already  confiscated  :  with  respect  to  persons,  the 
first  assembly  which  met  after  the  peace,  passed 

October.  The  act  prohibiting  the  migration  of  certian 
persons  to  this  commonwealth,  and  for  other  purposes 
therein  mentioned,  which  was  afterwards  amended  by 

October.  An  act  to  explain  and  amend  the  preceding. 
These  acts,  after,  declaring  who  shall  not  have  a  right  to 
migrate  to,  or  become  citizens  of  the  state,  have  each  an 
express  proviso,  that  nothing  contained  in  them  shall  be  so 
construed  as  to  contravene  the  treaty  of  peace  with  Great 
Britain,  and  a  great  number  of  the  refugees  having  come 
into  the  state,  under  the  protection  of  the  first  law,  and  it 
being  understood,  that  a  party  was  forming  in  the  state  to 
ill-treat  them,  the  governour,  July  26,  1784,  published  the 
proclamation,  No.  14,  enjoining  all  magistrates  and  other 
civil  officers,  to  protect  them,  and  secure  to  them,  the 
rights  derived  from  the  treaty,  and  acts  of  assembly  afore- 
said, and  to  bring  to  punishment,  all  who  should  offend 
herein,  in  consequence  of  which,  those  persons  remained 
quietly  in  the  state ;  and  many  of  them  have  remained  to 
this  day. 

S.  14.  Maryland.  November.  An  act  to  vest  certain 
powers  in  the  governour  and  council.  Sec.  3. 

November.  An  act  to  empower  the  governour  and 
council  to  compound  with  the  discoverers  of  British  pro- 
perty and  for  other  purposes.  These  acts  relate  purely 
to  property  which  had  been  confiscated  during  the  war, 
and  the  state  not  choosing  to  restore  it,  as  recommended 
by  Congress,  passed  them  for  bringing  to  a  conclusion  the 
settlement  of  all  transactions  relative  to  the  confiscated 
property. 

I  do  not  find  any  law  of  this  state,  which  could  prohibit, 
the  free  return  of  their  refugees,  or  the  reception  of  the 


STATE  PAFKRA.  278 

Muhj<;^tf,  of  Great  Britain,  or  of  any  other  country.  And 
1  find  that  they  passed  in 

November.  An  act  to  repeal  that  part  of  the  act  for 
the  security  of  their  government,  which  disqualified  non- 
jurors from  holding  offices,  and  voting  at  elections. 

The  case  of  Harrison's  representatives,  in  the  court  of 
chancery  of  Maryland,  is  in  the  list  of  infractions.  These 
representatives  being  British  subjects,  and  the  laws  of  this 
country,  like  those  of  England,  not  permitting  aliens  to 
hold  lands,  the  question  was,  whether  British  subjects  were 
aliens.  They  decided  that  they  were  ;  consequently  that 
they  could  not  take  lands,  and  consequently  also,  that  the 
lands  in  this  case  escheated  to  the  state.  Whereupon  the 
legislature  immediately  interposed,  and  passed  a  special 
act,  allowing  the  benefits  of  the  succession  to  the  repre- 
sentatives. But  had  they  not  relieved  them,  the  case  would 
not  have  come  under  the  treaty,  for  there  is  no  stipulation 
in  that  doing  away  the  laws  of  alienage,  and  enabling  the 
members  of  each  nation  to  inherit  or  hold  lands  in  the 
other. 

S.  15.  Delaware.  This  state  in  the  year  1778,  passed 
an  act  of  confiscation  against  forty-six  citizens  by  name, 
who  had  joined  in  arms  against  them,  unless  they  should 
come  in  by  a  given  day,  and  stand  their  trial.  The  estates 
of  those  who  did  not,  were  sold,  and  the  whole  business 
50on  closed.  They  never  passed  any  other  act  on  the 
subject,  either  before  or  after  the  peace.  There  was  no 
restitution,  because  there  was  nothing  to  restore,  their 
debts  having  more  than  exhausted  the  proceeds  of  the 
sa-les  of  their  property,  as  appears  by  Mr.  Read's  letter, 
and  that  all  persons  were  permitted  to  return,  and  such  as 
chose  it,  have  remained  there  in  quiet,  to  this  day. 

S.  16.  Pennsylvania.  The  catalogue  furnishes  no  trans- 
action of  this  state,  subsequent  to  the  arrival  of  the  treaty 
of  peace,  on  the  subjects  of  confiscation,  except  August. 
An  order  of  the  executive  council,  to  sr-il  part  of  Harry 
Gordon's  real  estate,  under  the  net  of  January  31,  17!Jo. 
This  person  had  been  summoned  by  proclamation,  by  the 
name  of  Henry  Gordon,  to  appear  before  the  1st  day  o£ 
November,  17t>J;  and  failing,  his  estate  was  seized  by  the 
commissioners  of  forfeitures,  and  most  of  i'  sold.  Tke 
vol.  j.  T> 


2.74  AMERICAS 

act  of  1783,  January  31,  cured  the  misnomer,  and  directed!" 
what  remained  of  his  estaie,  to  be  sold.  The  confiscation 
being  complete,  it  was  for  them  to  say  whether  they  would 
restore  it,  in  compliance  with  the  recommendation  of  Con- 
gress. They  did  not,  and  the  executive  completed  the 
sale,  as  they  were  bound  to  do.  All  persons  were  per- 
mitted to  return  to  this  state,  and  you  see  many  of  them 
living  here  to  this  day  in  quiet  and  esteem. 

S.  17..  New  Jersey.  The  only  act  alleged  against  this 
state,  as  to  the  recommendatory  article,  is, 

December  23.  An  act  to  appropriate  a  certain  forfeit- 
ed estate.  This  was  the  estate  of  John  Zabriski,  which 
had  been  forfeited  during  the  war,  and  the  act  gives  it  to 
major-general  Baron  Steuben,  in  reward  for  his  services. 
The  confiscation  being  complete,  the  legislature  were  free 
to  do  this.  Governor  Livingston's  letter  is  an  additional 
testimony  of  the  moderation  of  this  state,  after  the  procla- 
mation of  peace,  and  from  that  we  have  a  right  to  conclude, 
that  no  persons  were  prevented  from  returning  and  remain- 
ing indefinitely. 

S.  18.  New  York.  This  state  had  been  among  the  first 
invaded  ;  the  greatest  part  of  it  had  been  possessed  by  the 
enemy  through  the  war;  it  was  the  last  evacuated;  its 
inhabitants  had  in  great  numbers  been  driven  off  their 
farms ;  their  property  wasted,  and  themselves  living  in 
exile  and  penury,  and  reduced  from  affluence  to  want,  it 
is  not  to  be  wondered  at,  if  their  sensations  were  among 
the  most  lively  :  accordingly,  they,  in  the  very  first  mo- 
ment, gave  a  flat  refusal  to  the  recommendation,  as  to  the 
restoration  of  property  :  See  document  No.  1 7,  containing 
their  reasons.  They  passed,  however,  May  12,  The  act 
to  preserve  the  freedom  and  independence  of  this  state, 
and  for  other  purposes  therein  mentioned,  in  which,  after 
disqualifying  refugees  from  offices,  they  permit  them  to 
come,  and  remain  as  long  as  may  be  absolutely  necessary, 
to  defend  their  estates. 

S.  19.  Connecticut.  A  single  act  only  on  the  same  sub- 
ject is  alleged  against  this  state,  after  the  treaty  of  peace  : 
This  was  an  act  directing  certain  confiscated  estates  to  be 
>old.     The  title  shows,  they  were  old  confiscations,  no? 


STATE    PAPERS.  2X5 

new  ones,  and  governour  Huntington's  letter  informs  us, 
that  all  confiscations  and  prosecutions  were  stopped  on 
the  peace ;  that  some  restoration  of  property  took  place, 
and  all  persons  were  free  to  return. 

S.  20.  Rhode  Island.  The  titles  of  four  acts  of  this 
state,  are  cited  in  your  appendix,  to  wit : 

May  27.  An  act  to  send  out  of  the  state,  N.  Spink,  and 
I.  Underwood,  who  had  formerly  joined  the  enemy,  and 
were  returned  to  Rhode  Island. 

June  8.  An  act  to  send  William  Young,  theretofore 
banished  out  of  the  state,  and  forbidden  to  return  at 
his  peril. 

June  12.  An  act  allowing  William  Brenton,  late  an 
absentee,  to  visit  his  family  for  one  week,  then  sent  away 
not  to  return. 

October.  An  act  to  banish  S.  Knowles,  (whose  estate 
had  been  forfeited)  on  pain  of  death,  if  he  return.  Mr. 
Channing,  the  attorney  of  the  United  States  for  that  dis- 
trict, says  in  his  letter,  "  he  had  sent  me  all  the  acts  of 
that  legislature,  that  affect  either  the  debts,  or  the  persons 
of  British  subjects, 'or  American  refugees."  The  acts 
above  cited,  are  not  among  them.  In  the  answer  of  April 
6,  which  you  were  pleased  to  give  to  mine  of  March  30, 
desiring  copies  of  these,  among  other  papers,  you  say  the 
book  is  no  longer  in  your  possession.  These  circumstances 
will,  I  hope,  excuse  my  not  answering  or  admitting  these 
acts,  and  justify  my  proceeding  to  observe,  that  nothing  is 
produced  against  this  state,  on  this  subject  after  the  treaty ; 
and  the  district  attorney's  letter,  before  cited,  informs  us. 
that  their  courts  considered  the  treaty  as  paramount  the 
laws  of  the  state,  and  decided  accordingly,  both  as  to  per- 
sons and  properly,  and  that  the  estates  of  all  British  sub- 
jects seized  by  the  state  had  been  restored,  and  the  rents 
and  profits  accounted  for.  Governour  Collin's  letter,  No. 
20,  is  a  further  evidence  of  the  compliance  of  this  state. 

S.  21.  Massachusetts.  March  24.  This  state  passed 
-an  act  for  repealing  two  laws  of  this  state,  and  for  assert- 
ing the  right  of  this  free  and  sovereign  commonwealth  to 
expel  such  aliens  as  may  be  dangerous  to  the  peace  and 
.♦ood  order  of  government,  the  effect  of  which  was  lo  re- 
ject the  recommendation  of  Congress,  as  to  the  return  of 


276  AMERICAN 

persons,  but  to  restore  to  them  such  of  their  lands  as  were 
not  confiscated,  unless  they  were  pledged  for  debt,  and  by 
Nov.  10.  An  act  in  addition  to  an  act  for  repealing  two 
laws  of  this  state,  they  allowed  them  to  redeem  their  lands- 
pledged  for  debt,  by  paying  the  debt. 

S.  22.  New  Hampshire.  Against  New  Hampshire  noth- 
ing is  alleged ;  that  state  having  not  been  invaded  at  all, 
was  not  induced  to  exercise  any  acts  of  rigour  against  the 
subjects  or  adherents  of  their  enemies. 

The  acts  then,  which  have  been  complained  of,  as  vio- 
lations of  the  5th  article,  were  such  as  the  states  were  free 
to  pass,  notwithstanding  the  recommendation,  such  as  it 
was  well  understood  they  would  be  free  to  pass  without 
any  imputation  of  infraction,  and  may  therefore  be  put 
entirely  out  of  question. 

S.  23.  And  we  may  further  observe,  with  respect  to  the 
same  acts,  that  they  have  been  considered  as  infractions 
not  only  of  the  5th  article,  which  recommended  the  resto- 
ration of  the  confiscations  which  had  taken  place  during 
the  roar,  but  also  of  that  part  of  the  6th  article  which  for- 
bade future  confiscations.  But  not  one  of  them  touched  an 
estate  which  had  not  been  before  confiscated ;  for  you  will 
observe,  that  an  act  of  the  legislature,  confiscating  lands, 
stands  in  place  of  an  office  found  in  ordinary  cases;  and 
that,  on  the  passage  of  the  act,  as  on  the  finding  of  the  office, 
the  state  stands  ipso  facto  possessed  of  the  lands,  without 
a  formal  entry.  The  confiscation  then  is  complete  by  the 
passage  of  the  act.  Both  the  title  and  possession  being 
divested  out  of  the  former  proprietor,  and  vested  in  the 
state,  no  subsequent  proceedings  relative  to  the  lands  are 
acts  of  confiscation,  but  are  mere  exercises  of  ownership, 
whether  by  levying  profits,  convej'ing  for  a  time,  by  lease, 
or  in  perpetuo,  by  an  absolute  deed.  I  believe,  therefore, 
it  may  he  said  with  truth,  that  there  was  not  a  single  con- 
fiscation made  in  any  one  of  the  United  States,  after  noti- 
fication of  the  treaty;  and  consequently,  it  will  not  be 
necessary  to  notice  again  this  part  of  the  6th  article. 

S.  24.  Before  quitting  the  recommendatory  article,  two 
passages  in  the  letter  are  to  be  noted,  which,  applying  to 
all  the  states  in  general-,  could  not  have  been  properly' 


STATE  PAPERS,  27~7 

answered  under  any  one  of  them  in  particular.  In  page 
16  is  the  following  passage,  "The  express  provision  in 
the  treaty,  for  the  restitution  of  the  estates  and  properties 
of  persons  of  both  these  descriptions  [British  subjects  and 
Americans  who  had  staid  within  the  British  lines,  but  had 
not  borne  arms,]  certainly  comprehended  a  virtual  acqui- 
escence in  their  right  to  reside  where  their  property  was 
situated,  and  to  be  restored  to  the  privileges  of  citizen- 
ship." Here  seems  to  be  a  double  errour,  first  in  suppos- 
ing an  express  provision,  whereas  the  words  of  the  article, 
and  the  collateral  testimony  adduced,  have  shown  that  the 
provision  was  neither  express,  nor  meant  to  be  so.  And 
secondly,  in  inferring  from  a  restitution  of  the  estate,  a 
virtual  acquiescence  in  the  right  of  the  party,  to  reside 
where  the  estate  is.  Nothing  is  more  frequent,  than  for  a 
sovereign  to  banish  the  person,  and  leave  him  possessed 
of  his  estate.  The  inference  in  the  present  case,  too,  is 
contradicted,  as  to  the  refugees,  by  the  recommendation  to 
permit  their  residence  twelve  months  ;  and  as  to  British 
subjects,  by  the  silence  of  the  article,  and  the  improba- 
bility that  the  British  plenipotentiary  meant  to  stipulate  a 
right  for  British  subjects  to  emigrate  and  become  members 
of  another  community. 

S.  25.  Again,  in  page  34,  it  is  said,  "  The  nation  of 
Great  Britain  has  been  involved  in  the  payment  to  them  of 
no  less  a  sum  than  four  millions  sterling,  as  a  partial  com- 
pensation for  the  losses  they  had  sustained."  It  has  been 
before  proved,  that  Mr.  Oswald  understood  perfectly,  that 
no  indemnification  was  claimed  from  us ;  that  on  the  con- 
trary, we  had  a  counter  claim  of  indemnification  to  much 
larger  amount:  It  has  been  supposed,  and  not  without 
grounds,  that  the  glimmering  of  hope,  provided  by  the 
recommendatory  article,  was  to  quiet,  for  the  present,  the 
clamours  of  the  sufferers,  and  to  keep  their  weight  out  of 
the  scale  of  opposition  to  the  peace,  trusting  to  time  and 
events  for  an  oblivion  of  these  claims,  or  a  gradual  ripen- 
ing of  the  public!;  mind  to  meet  and  satisfy  them,  at  a  mo- 
menl  of  less  embarrassment:  the  latter  is  the  turn  winch 
the  tiling  took.  Tin  claimants  continued  their  importuni- 
ties, and  the  government  determined  at  length  to  indem- 
nify them  for  their  losses;  and,  opcn-handedly  as  they 
went  to  work,  it  cost  them  less  than  to  have  settled  with 


27'3  AMERICAN 

us  the  just  account  of  mutual  indemnification,  urged  by 
our  commissioners.  It  may  be  well  doubted,  whether 
there  were  not  single  states  of  our  union,  to  which  the 
four  millions  you  have  paid  would  have  been  no  indemni- 
fication for.  the  losses  of  property  sustained  contrary  even 
to  the  laws  of  Avar:  and  what  sum  would  have  indemnified 
the  whole  thirteen,  and,  consequently,  to  what  sum  our 
whole  losses  of  this  description  have  amounted,  would  be 
difficult  to  say.  However,  though  in  no  wise  interested 
in  the  sums  you  thought  proper  to  give  to  the  refugees,  we 
could  not  be  inattentive  to  the  measure  in  which  they  were 
dealt  out.  Those  who  were  on  the  spot,  and  who  knew 
intimately  the  state  of  affairs  with  the  individuals  of  this 
description,  who  knew  that  their  debts  often  exceeded 
their  possessions,  insomuch  that  the  most  faithful  adminis- 
tration made  them  pay  but  a  few  shillings  in  the  pound, 
heard  with  wonder  of  the  sums  given,  and  could  not  but 
conclude,  that  those  largesses  were  meant  for  something 
more  than  loss  of  property :  that  services,  and  other  cir- 
cumstances must  have  had  great  influence.  The  sum 
paid  is  therefore  no  imputation  on  us.  We  have  borne 
our  own  losses.  We  have  even  lessened  yours,  by  nume- 
rous restitutions,  where  circumstances  admitted  them  :  and 
we  have  much  the  worst  of  the  bargain  by  the  alternative 
you  chose  to  accept,  of  indemnifying  your  own  sufferers, 
rather  than  ours. 

S.  "6.  ii.  The  article  of  debts  is  next  in  order:  but  to 
place  on  their  true  grounds  our  proceedings  relative  to 
them,  it  will  be  necessary  to  take  a  view  of  the  British 
proceedings,  which  are  the  subject  of  complaint  in  my 
letter  of  Dec.  15. 

In  the  7th  article,  it  was  stipulated,  that  his  Britannick 
Majesty  should  withdraw  his  armies,  garrisons,  and  fleet?, 
without  carrying  away  any  negroes,  or  other  property  of 
the  American  inhabitants.  This  stipulation  was  known  to 
the  British  commanding  ollicers,  before  the  1 9th  of  March. 
1 783,  as  provisionally  agreed  ;  and  on  the  5th  of  April  they 
received  official  notice  from  their  court  of  the  conclu- 
sion and  ratification  of  the  preliminary  articles  between 
France,  Spain,  and  Great  Britain,  which  gave  activity  to 
©urs,  as  appears  by  the  letter  of  Sir  Guv  Carleton  to  Gen. 
Washington,  dated  April  G,  178 J.     [Document  No.  21  .J 


.STATE  PAPERS. 


27l 


Prom  tins  time,  then,  surely  no  negroes  could  be  carried 
away  without  a  violation  of  the  treaty.  Yet  we  find  that 
so  early  as  May  6,  a  large  number  of  them  had  already 
been  embarked  for  Nova  Scotia,  of  which,  as  contrary  to 
an  express  stipulation  in  the  treaty,  Gen,  Washington 
declared  to  him  his  sense  and  his  surprise.  In  the  letter 
of  Sir  Guy  Carleton  of  May  12,  (annexed  to  mine  to  you 
of  the  1 5th  of  December)  lie  admits  the  fact :  palliates  it  by 
saying  he  had  no  right  to  deprive  the  negroes  of  that 
liberty  he  found  them  possessed  of;  that  it  was  unfriendly 
to  suppose  that  the  king's  minister  could  stipulate  to  be 
iruiltv  of  a  notorious  breach  of  the  publick  faith  towards 
the  negroes,  and  that,  if-  it  was  his  intention,  it  must  be- 
adjusted  by  compensation*  restoration  being  utterly  imprac- 
ticable, where  inseparable  from  a  breach  of  publick  faith. 
But  surely,  sir,  an  officer  of  the  king  is  not  to  question  the 
validity  of  the  king's  engagements,  nor  violate  his  solemn 
treaties,  on  his  OAvn  scruples  about  the  publick  faith.  Under 
this  pretext,  however,  general  Carleton  went  on  in  daily 
infractions,  embarking,  from  time  to  time,  between  his 
notice  of  the  treaty,  the  5th  of  April,  and  the  evacuation 
of  New  York,  Nov.  25, — 3000  negroes,  of  whom  our  com- 
missioners had  inspection,  and  a  very  large  number  more, 
in  publick  and  private  vessels,  of  whom  they  were  not 
permitted  to  have  inspection.  Here,  then,  was  a  direct, 
unequivocal,  and  avowed  violation  of  this  part  of  the  7th 
article,  in  the  first  moments  of  its  being  known  ;  an  article, 
which  had  been  of  extreme  solicitude  on  our  part,  on  the 
fulfilment  of  which  depended  the  means  of  paying  debts, 
in  proportion  to  the  number  of  labourers  withdrawn  ;  and 
when  in  the  very  act  of  violation,  we  warn,  and  put  the 
commanding  officer  on  his  guard,  he  says,  directly,  he  will 
go  through  with  the  act.  and  leave  it  to  his  court  to  adjust 
if  by  compensation. 

S.  27.  By  the  same  article  his  Britannick  majesty  stipu- 
lates, that  he  will,  with  aU  convenient  speed,  withdraw  hi* 
garrisons  from  every  post  within  the  United  Slates.  "  When 
no  precise  term,  says  a  writer  on  the  law  of  nations.  [Vat- 
lei,  1.  4.  c.  26.]  ha6  been  marked  for  (he  accomplish- 
ment of  a  treaty,  and  for  the  execution  of  each,  of  iu 
article-,  good  sense  determines  that  every  point  should  be 
executed  as  '-non  o"  pos sH.fr ;  This  is.  wifho'M  do:-bf:  v  '    " 


'^80  AMERICA^ 

was  understood."  The  term  in  the  treaty,  with  all  conve- 
nient speed,  amounts  to  the  same  thing,  and  clearly  excludes 
all  unnecessary  delay.  The  general  pacification  being 
signed  on  the  20th  of  January,  some  time  would  be  requisite 
for  the  orders  for  evacuation  to  come  over  to  America,  for 
the  removal  of  stores,  property  and  persons,  and  finally,  for 
the  act  of  evacuation.  The  larger  the  post,  the  longer  the 
time  necessary  to  remove  all  its  contents ;  the  smaller,  the 
sooner  done  :  Hence,  though  general  Carleton  received 
his  orders  to  evacuate  New  York,  in  the  month  of  April, 
the  evacuation  was  not  completed  till  late  in  November. 
It  had  been  the  principal  place  of  arms  and  stores ;  the 
seat,  as  it  were,  of  their  general  government,  and  the 
asylum  of  those  who  had  fled  to  them.  A  great  quantity 
of  shipping  was  necessary,  therefore,  for  the  removal,  and 
the  general  was  obliged  to  call  for  a  part  from  foreign 
countries.  These  causes  of  delay  were  duly  respected  on 
our  part.  But  the  posts  of  Michillimakkinak,  Detroit, 
Niagara,  Oswego,  Oswegatchie,  Point-au-Fer,  Dutchman's 
Point,  were  not  of  this  magnitude.  The  orders  for  evacu- 
ation, which  reached  general  Carleton,  in  New  York,  early 
in  April,  might  have,  gone,  in  one  month  more,  to  the  most 
remote  of  these  posts :  Some  of  them  might  have  been 
evacuated  in  a  few  days  after,  and  the  largest  in  a  kw 
weeks.  Certainly  thev  might  all  have  been  delivered, 
without  any  inconvenient  speed  in  the  operations,  by  the 
end  of  May,  from  the  known  facility  furnished  by  the  lakes, 
and  the  water  connecting  them ;  or  by  crossing  immedi- 
ately over  into  their  own  territory,  and  availing  themselves 
of  the  season  for  making  new  establishments  there,  if  that 
was  intended :  Or  whatever  time  might,  in  event,  have 
been  necessary  for  their  evacuation,  certainly  the  order 
for  it  should  have  been  given  from  England,  and  might 
have  been  given  as  early  as  that  from  New  York.  Was 
any  order  ever  given  1  Would  not  an  unnecessary  delay  of 
the  order,  producing  an  equal  delay  in  the  evacuation,  be 
an  infraction  of  the  treaty  ?  Let  us  investigate  this  matter. 
On  the  3d  of  August,  1783,  major  general  Baron  Steu- 
ben, by  orders  from  general  Washington,  having  repaired 
to  Canada  for  this  purpose,  wrote  the  letter,  No.  22,  to 
general  Haldimand,  governour  of  the  province,  and  re- 
ceived from  him  the  answer  of  August  13.  No.  23.  Wherein 
he  says,  'The  orders  I  have  received,  direct. a discontinu- 


STATE  PAPERS.  281 

anee  of  every  hostile  measure  only,''  &c.  And  in  his  con- 
ference with  Baron  Steuben,  he  says  expressly,  '  That  he 
had  not  received  any  orders  for  making  the  least  arrange- 
ment for  the  evacuation  of  a  single  post.'  The  orders 
then,  which  might  have  been  with  him  by  the  last  of  April, 
were  unknown,  if  they  existed,  the  middle  of  August.  See 
Baron  Steuben's  letter,  No.  24. 

Again,  on  the  19th  of  March,  1784,  governour  Clinton, 
of  New  York,  within  the  limits  of  which  state  some  of  these 
posts  are,  writes  to  general  Haldimand,  the  letter  No.  25  ; 
and  that  general,  answering  him,  May  10,  from  Quebec, 
says,  '  Not  having  had  the  honour  to  receive  orders  and 
instructions  relative  to  withdrawing  the  garrisons,'  &c. 
fourteen  months  were  now  elapsed,  and  the  orders  not  yet 
received,  which  might  have  been  received  in  four. 

Again,  on  the  1 2th  of  July,  colonel  Hull,  by  order  from 
general  Knox,  the  Secretary  at  War,  writes  to  general 
Haldimand,  the  letter  No.  27 ;  and  general  Haldimand 
gives  the  answer  of  the  13th,  No.  28,  wherein  he  says, 
4  Though  I  am  now  informed,  by  his  majesty's  ministers, 
of  the  ratification,  he.  I  remain,  &c.  not  having  received 
any  orders  to  evacuate  the  posts  which  are  without  the 
limits,'  &c.  And  this  is  eighteen  months  after  the  signa- 
ture of  the  general  pacification !  Now,  is  if.  not  fair  to 
conclude,  if  the  order  was  not  arrived  on  the  13th  of 
August  1783,  if  it  was  not  arrived  on  the  10th  of  May, 
1784,  nor  yet  on  the  13th  of  July,  in  the  same  year,  that, 
in  truth,  the  order  had  never  been  given  ?  And  if  it  had 
never  been  given,  may  we  not  conclude,  that  it  never  had 
been  "intended  to  be  given  ?  From  what  moment  is  it  we 
are  to  date  this  infraction  ?  From  that,  at  which,  with  con- 
venient speed,  the  order  to  evacuate  the  upper  posts  might 
have  been  given.  No  legitimate  reason  can  be  assigned, 
why  that  order  might  not  have  been  given  as  early,  and 
at  the  same  time  as  the  order  to  evacuate  New  York ;  and 
all  delay,  after  this,  was  in  contravention  of  the  treaty. 

S.  28.  Was  this  delay  merely  innocent  and  unimportant 
as  to  us,  setting  aside  all  considerations  but  of  interest  and 
safety?  1.  It  cut  us  off  from  the  fur  trade,  which  before 
the  war  had  been  always  of  great  importance  as  a  branch 
of  commerce,  and  as  a  source  of  remittance  for  the  pa)  - 
ment  of  our  debts  to  Great  Britain  :  for  to  tho  injury  of 
vol.  i.  3G 


282  AMERICA}? 

withholding  our  posts  they  added  the  obstruction  of  alt 
passage  along  the  lakes  and  their  communications.  2.  I; 
secluded  us  from  connexion  with  the  north-western  Indians, 
from  all  opportunity  of  keeping  up  with  them  friendly  and 
neighbourly  intercourse,  brought  on  us  consequently,  from 
their  known  dispositions,  constant  and  expensive  war,  in 
which  numbers  of  men,  women  and  children  have  been, 
and  still  are  daily  falling  victims  to  the  scalping  knife,  and 
to  which  there  will  be  no  period,  but  in  our  possession  of 
the  posts  which  command  their  country. 

It  may  safely  be  said  then,  that  the  treaty  was  violated 
in  England,  before  it  was  known  in  America,  and  in  Ame- 
rica, as  soon  as  it  was  known,  and  that  too  in  points  so 
essential,  as -that  without  them  it  would  never  have  been 
concluded. 

S.  29.  And  what  was  the  effect  of  these  infractions  on 
the  American  mind  ?  On  the  breach  of  any  article  of  a 
treaty  by  the  one  party,  the  other  has  its  election  to  de- 
clare it  dissolved  in  all  its  articles,  or  to  compensate  itself 
by  withholding  execution  of  equivalent  articles  ;  or  to 
wave  notice  of  the  breach  altogether. 

Congress  being  informed  that  the  British  commanding 
officer  was  carrying  away  the  negroes  from  New  York,  in 
avowed  violation  of  the  treaty,  and  against  the  repeated 
remonstrances  of  general  Washington,  they  take  up  the 
subject  on  the  26th  of  May,  1783 ;  they  declare  that  it  is 
contrary  to  the  treaty  ;  direct  that  the  proper  papers  be 
sent  to  their  ministers  plenipotentiary  in  Europe  to  re- 
monstrate, and  demand  reparation,  and  that,  in  ths  mean 
time,  general  Washington  continue  his  remonstrances  to 
the  British  commanding  officer,  and  insist  on  the  discon- 
tinuance of  the  measure.    See  document  No.  29. 

S.  30.  The  state  of  Virginia,  materially  affected  by 
this  infraction,  because  the  labourers  thus  carried  away 
were  chiefly  from  thence,  while  heavy  debts  were  now 
to  be  paid  to  the  very  nation  which  was  depriving  them  of 
the  means,  took  up  the  subject  in  December,  1783,  that  is 
to  say,  seven  months  after  that  particular  infraction,  and 
four  months  after  the  first  refusal  to  deliver  up  the  posts. 
and  instead  of  arresting  the  debts  absolutely,  in  reprisal 
for  their  negroes  carried  away,  they  passed  [D.  5.]  the 


STATE  PAPERS.  283 

act  to  revive  and  continue  the  several  acts  for  suspending; 
the  issuing  executions  on  certain  judgments  until  Decem- 
ber. 1 783,  that  is  to  say,  they  revived  till  their  next  meeting 
two  acts  passed  during  the  war,  which  suspended  all  volun- 
tary and  fraudulent  assignments  of  debt,  and  as  to  others, 
allowed  real  and  personal  estate  to  be  tendered  in  dis- 
charge of  executions :  the  effect  of  which  was  to  relieve 
the  body  of  the  debtor  from  prison,  by  authorizing  him  to 
deliver  property  in  discharge  of  the  debt.  In  June  fol- 
lowing, thirteen  months  after  the  violation  last  mentioned, 
and  after  a  second  refusal  by  the  British  commanding  offi- 
cer to  deliver  up  the  posts,  they  came  to  ,the  resolution 
No.  30,  reciting  specially  the  infraction  respecting  their 
negroes,  instructing  their  delegates  in  Congress  to  press 
for  reparation ;  and  resolving,  that  the  courts  shall  be 
opened  to  British  suits,  as  soon  as  reparation  shall  be 
7nade,  or  otherwise,  as  soon  as  Congress  shall  judge  it  in- 
dispensably necessary.  And  in  1787,  they  passed  [C.  7.] 
the  act  to  repeal  so  much  of  all  and  every  act  or  acts  of 
assembly,  as  prohibits  the  recovery  of  British  debts  ;  and 
at  the  same  time  [E.  6.]  the  act  to  repeal  part  of  an  act  for 
the  protection  and  encouragement  of  the  commerce  of 
nations  acknowledging  the  independence  of  the  United 
States  of  America.  The  former  was  not  to  be  in  force, 
till  the  evacuation  of  the  posts,  and  reparation  for  the  ne- 
groes carried  away.  The  latter  requires  particular  expla- 
nation. The  small  supplies  of  European  goods,  which 
reached  us  during  the  war,  were  frequently  brought  by 
captains  ol"  vessels  and  supercargoes,  who,  as  soon  as  they 
had  sold  their  goods,  were  to  return  to  Europe  with  their 
vessels.  To  persons  under  such  circumstances,  it  was 
necessary  to  give  a  summary  remedy  for  the  recovery  of 
the  proceeds  of  their  sale.  This  had  been  done  by  the  law 
lor  the  protection  and  encouragement  of  the  commerce  of 
nations  acknowledging  the  independence  of  the  United 
States,  which  was  meant  but  as  a  temporary  thing,  to  con- 
tinue whilst  the  same  circumstances  continued  :  On  the 
return  of  peace,  the  supplies  of  foreign  goods  were  made, 
;is  before  the  war,  by  merchants  resident  here.  There 
was  no  longer  reason  lo  continue  to  them  the  summary 
remedy,  which  had  been  provided  for  the  transient  vender 
of  goods  :  And  indeed  it  would  have  been  unequal  to  have 
given    the    resident    merchant    instantaneous    judgment 


384  AMERICAN 

against  a  farmer  or  tradesman,  while  the  farmer,  or  trades- 
man, could  pursue  those  who  owed  him  money,  but  in  the 
ordinary  way,  and  with  the  ordinary  delays.  The  Bri- 
tish creditor  had  no  such  unequal  privilege,  while  we 
were  under  British  government,  and  had  no  title  to  it,  in. 
justice,  or  by  the  treaty,  after  the  war.  When  the  legis- 
lature proceeded  then  to  repeal  the  law,  as  to  other  na- 
tions, it  would  have  been  extraordinary  to  have  continued 
it  for  Great  Britain. 

S.  31.  South  Carolina  was  the  second  state  which 
moved  in  consequence  of  the  British  infractions,  urged 
thereto  by  the  desolated  condition  in  which  their  armies 
had  left  that  country,  by  the  debts  they  owed,  and  the 
almost  entire  destruction  of  the  means  of  paying  them. 
They  passed  [D.  7.20.]  1784,  Mar.  26,  an  ordinance 
respecting  the  recovery  of  debts,  suspending  the  recovery 
of  all  actions,  as  well  American  as  British,  for  nine  months, 
and  then  allowing  them  to  recover  payment  at  four  equal 
and  annual  instalments  only,  requiring  the  debtor  in  the 
mean  time,  to  give  good  security  for  his  debt,  or  otherwise 
refusing  him  the  benefit  of  the  act — by 

[D.  21.]  1787,  Mar.  28.  An  act  to  regulate  the  recove- 
ry and  payment  of  debts,  and  prohibiting  the  importation 
of  negroes,  they  extended  the  instalments  a  year  further 
in  a  very  few  cases.  I  have  not  been  able  to  procure  the 
two  following  acts  [D.  14.]  1785,  Oct.  12,  An  act  for 
regulating  sales  under  executions,  and  for  other  purposes 
therein  mentioned,  and 

[D.  22.]  1788,  Nov.  4.  An  act  to  regulate  the  payment 
and  recovery  of  debts,  and  to  prohibit  the  importation  of 
negroes  for  the  time  therein  limited  ;  and  I  know  nothing 
of  their  effect,  or  their  existence,  but  from  your  letter, 
which  says,  their  effect  was  to  deliver  property  in  execu- 
tion, in  relief  of  the  body  of  the  debtor,  and  still  further  to 
postpone  the  instalments.  If,  during  the  existence  of  ma- 
terial infractions  on  the  part  of  Great  Britain,  it  were 
necessary  to  apologize  for  these  modifications  of  the  pro- 
ceedings of  the  debtor,  grounds  might  be  found  in  the  pe- 
culiar distresses  of  that  state,  and  the  liberality  with  which 
they  had  complied  with  the  recommendatory  articles,  not- 
withstanding their  sufferings  might  have  inspired  other 
dispositions,  having  pardoned  every  body,  received  every 


STATE  PAPERS.  285 

body,  restored  all  confiscated  lands  not  sold,  and  the  prices 
of  those  sold. 

S.  32.  Rhode  Island  next  acted  on  the  British  infrac- 
tions, and  imposed  modifications  in  favour  of  such  debtors 
as  should  be  pursued  by  their  creditors,  permitting  them  to 
relieve  their  bodies  from  execution  by  the  payment  of 
paper  money,  or  delivery  of  property.  This  was  the  effect 
of  [D.  12.]  1786,  Mar.  An  act  to  enable  any  debtor  in 
jail,  on  execution  at  the  suit  of  any  creditor,  to  tender  real, 
or  certain  specifick  articles  of  personal  estate,  and 

[D.  16.]  1786,  May,  An  act  making  paper  money  a 
legal  tender.  But  observe,  that  this  was  not  till  three 
years  after  the  infractions  by  Great  Britain,  and  repeated 
and  constant  refusals  of  compliance  on  their  part. 

S.  33.  New  Jersey  did  the  same  thing,  by 

[D.  13.]  1786,  Mar.  23,  An  act  to  direct  the  modes  of 
proceedings  on  writs  of  fieri  facias,  and  for  transferring 
lands  and  chattels  for  payment  of  debts,  and 

[D.  18.]  1786,  May  26,  An  act  for  striking,  and  mak- 
ing current  100,000/.  in  bills  of  credit,  €to  be  let  out  on 
loan,  and 

[D.  17.]  1786,  June  1,  An  act  for  making  bills,  emit- 
ted by  the  act  for  raising  a  revenue  of  31,259/.  5s.  per 
annum,  for  twenty-five  years,  a  legal  tender,  and 

S.  34.  Georgia,  by  [D.  19.]  1786,  Aug.  14,  An. act 
for  emitting  the  sum  of  50,000/.  in  bills  of  credit,  and 
for  establishing  a  fund  for  the  redemption,  and  for  other 
purposes  therein  mentioned,  made  paper  money  also  a  legal 
tender. 

These  are  the  only  states  which  appear,  by  the  acts  cited 
in  your  letter,  to  have  modified  the  recovery  of  debts. 
But  I  believe  that  North  Carolina  also  emitted  a  sum  of 
paper  money,  and  made  it  a  tender  in  discharge  of  exe- 
cutions ;  though,  not  having  seen  the  act,  I  cannot  affirm 
it,  with  certainty.  I  have  not  mentioned,  because  I  do 
not  view  the  act  of  Maryland  [D.  15.]  1786,  Nov.  C.  29, 
-lor  the  settlement  of  publick  accounts,  &c.  as  a  modifica- 
tion of  the  recovery  of  debts.  It  obliged  the  British  sub- 
ject, before  he  could  recover  what  was  due  to  him  within 
the  state,  to  give  bond  for  the  payment  of  what  he  owed 


28G  AMERICAN 

therein.  It  is  reasonable  that  every  one,  who  asks  justice, 
should  do  justice  ;  and  it  is  usual  to  consider  the  property 
of  a  foreigner,  in  any  country,  as  a  fund  appropriated  to  the 
payment  of  what  he  owes  in  that  country,  exclusively.  It 
is  a  care  which  most  nations  take  of  their  own  citizens, 
not  to  let  the  property,  which  is  to  answer  their  demands, 
be  withdrawn  from  its  jurisdiction,  and  send  them  to  seek 
it  in  foreign  countries,  and  before  foreign  tribunals. 

S.  35.  With  respect  to  the  obstacles  thus  opposed  to 
the  British  creditor,  besides  their  general  justification,  as 
being  produced  by  the  previous  infractions  on  the  part  of 
Great  Britain,  each  of  them  admits  of  a  special  apology. 
They  are,  1st.  Delay  of  Judgment.  2.  Liberating  the 
body  from  execution,  on  the  delivery  of  property.  3.  Ad- 
mitting executions  to  be  discharged  in  paper  money.  As 
to  the  1st,  let  it  be  considered,  that  from  the  nature  of  the 
commerce  carried  on  between  these  States  and  Great  Bri- 
tain, they  were  generally  kept  in  debt ;  that  a  great  part 
of  the  country,  and  most  particularly  Georgia,  South  Caro- 
lina, North  Carolina,  Virginia,  New  York,  and  Rhode 
Island  had  been  ravaged  by  an  enemy,  moveable  proper- 
ty carried  off,  houses  burnt,  lands  abandoned,  the  proprie- 
tors forced  off  into  exile  and  poverty.  When  the  peace 
permitted  them  to  return  again  to  their  lands,  naked 
and  desolate  as  they  were,  was  instant  payment  practica- 
ble ?  The  contrary  was  so  palpable,  that  the  British  credi- 
tors themselves  were  sensible,  that  were  they  to  rush  to 
judgment  immediately  against  their  debtors,  it  would  in- 
volve the  debtor  in  total  ruin,  without  relieving  the  credi- 
tor. It  is  a  fact,  for  which  we  may  appeal  to  the  know- 
ledge of  one  member  at  least  of  the  British  administration 
of  1783,  that  the  chairman  of  the  North  American  mer- 
chants, conferring  on  behalf  of  those  merchants  with  the 
American  ministers  then  in  London,  was  so  sensible  that 
time  was  necessary,  as  well  to  save  the  creditor  as  debtor, 
that  he  declared  there  would  not  be  a  moment's  hesitation. 
on  the  part  of  the  creditors,  to  allow  payment  by  instal- 
ments annually  for  seven  years,  and  that  this  arrangement 
was  not  made,  was  neither  his  fault  nor  ours. 

To  the  necessities  for  some  delay  in  the  payment  of 
debts  may  be  added  the  British  commercial  regulations, 
lessening  our  means  of  payment,  by  prohibiting  us  from 


STATE  PAPERS.  287 

carrying  in  our  own  bottoms  our  own  produce  to  their 
dominions  in  our  neighbourhood,  and  excluding  valuable 
branches  of  it  from  their  home  markets  by  prohibitory 
duties.  The  means  of  payment  constitute  one  of  the  mo- 
tives to  purchase,  at  the  moment  of  purchasing.  If  these 
means  are  taken  away,  by  the  creditor  himself,  he  ought 
not  in  conscience  to  complain  of  a  mere  retardation  of  his 
debt,  which  is  the  effect  of  his  own  act,  and  the  least  inju- 
rious of  those  it  is  capable  of  producing.  The  instalment 
acts  before  enumerated  have  been  much  less  general,  and 
for  a  shorter  term,  than  what  the  chairman  of  the  Ameri- 
can merchants  thought  reasonable.  Most  of  them  re- 
quired the  debtor  to  give  security,  in  the  mean  time,  to 
his  creditor,  and  provided  complete  indemnification  of  the 
delay  by  the  payment  of  interest,  which  was  enjoined  in 
every  case. 

S.  36.  The  second  species  of  obstacle  was  the  admit- 
ting the  debtor  to  relieve  his  body  from  imprisonment  by 
the  delivery  of  lands  or  goods  to  his  creditor.  And  is  this 
idea  original,  and  peculiar  to  us  ?  or  whence  have  we 
taken  it  /  From  England,  from  Europe,  from  natural  right 
and  reason.  For  it  may  be  safely  atlirmed,  that  neither 
natural  right  nor  reason  subjects  the  body  of  a  man  to  re- 
straint for  debt.  It  is  one  of  the  abuses  introduced  by 
commerce  and  credit,  and  which  even  the  most  commer- 
cial nations  have  been  obliged  to  relax  in  certain  cases. 
The  Roman  laws,  the  principles  of  which  are  the  nearest, 
to  natural  reason  of  those  of  any  municipal  code  hitherto 
known,  allowed  imprisonment  of  the  body  in  criminal  cases 
only,  or  those  wherein  the  party  had  expressly  submitted 
himself  to  it. — The  French  laws  allow  it  only  in  criminal 
or  commercial  cases.  The  laws  of  England,  in  certain 
descriptions  of  cases  (us  bankruptcy)"  release  the  body. 
Many  of  the  United  States  do  the  same  in  all  cases,  on  a 
cession  of  property  by  the  debtor.  The  levari  facias,  an 
execution  affecting  only  the  profits  of  lands,  is  the  onlv  one 
allowed  in  England,  in  certain  cases.  The  elegit,  another 
execution  of  that  and  this  country,  attaches  first  on  a  man's 
chattels,  which  are  not  to  be  sold,  but  to  be  delivered  to  the 
plaintiff,  on  a  reasonable  appraise:, ant.  in  part  of  satisfac- 
tion for  his  debt,  and  if  not  sufficient,  oae  half  only  of  his 
lands  are  then  to  be  delivered  to  the  plaintiff,  til!  th^  profi. 


288  AMER1CAX 

shall  have  satisfied  him.  The  tender  laws  of  these  slates 
were  generally  more  favourable  than  the  execution  by 
elegit,  because  they  not  only  gave,  as  that  does,  the  whole 
property  in  chattels,  but  also  the  whole  property  in  the 
lands,  and  not  merely  the  profits  of  them.  It  is,  therefore, 
an  execution  framed  on  the  model  of  the  English  elegit, 
or  rather  an  amendment  of  that  writ,  taking  away,  indeed, 
the  election  of  the  party  against  the  body  of  his  debtor, 
but  giving  him,  in  exchange  for  it,  much  more  complete 
remedy  against  his  lands.  Let  it  be  observed  too,  that 
this  proceeding  was  allowed  against  citizens,  as  well  as 
foreigners  ;  and  it  may  be  questioned,  whether  the  treaty 
is  not  satisfied,  Avhile  the  same  measure  is  dealt  out  to 
British  subjects,  as  to  foreigners  of  all  other  nations,  and  to 
natives  themselves.  For  it  would  seem,  that  all  a  friend 
can  expect,  is  to  be  treated  as  a  native  citizen. 

S.  37.  The  third  obstacle  was  allowing  paper  money 
to  be  paid  for  goods  sold  under  execution.  The  complaint 
on  this  head  is  only  against  Georgia,  South  Carolina,  Jer- 
sey, and  Rhode  Island  :  and  this  obstruction,  like  the  two 
others,  sprung  out  of  the  peculiar  nature  of  the  war.  For 
those  will  form  very  false  conclusions,  who  reason,  as  to 
this  war,  from  the  circumstances  which  have  attended 
other  wars,  and  other  nations.  When  any  nation  of  Eu- 
rope is  attacked  by  another,  it  has  neighbours,  with  whom 
its  accustomary  commerce  goes  on,  without  interruption  ; 
and  its  commerce  with  more  distant  nations  is  carried  on 
by  sea,  in  foreign  bottoms,  at  least,  under  protection  of 
the  laws  of  neutrality.  The  produce  of  its  soil  can  be 
exchanged  for  money,  as  usual,  and  the  stock  of  that 
medium  of  circulation  is  not  at  all  diminished  by  war ;  so 
that  property  sells  as  readily  and  as  well,  for  real  money, 
at  the  close,  as  at  the  commencement  of  the  war.  But  how 
different  was  our  case  :  on  the  north  and  south,  were  our 
enemies  :  on  the  west,  deserts  inhabited  by  savages  in 
league  with  them  ;  on  the  east,  an  ocean  of  one  thousand 
leagues,  beyond  which,  indeed,  were  nations,  who  might 
have  purchased  the  produce  of  our  soil,  and  have  given  us 
real  money  in  exchange,  and  thus  kept  up  our  stock  of 
money,  but  who  were  deterred  from  coming  to  us  by  threats 
of  war  on  the  part  of  our  enemies,  if  they  should  presume 
to  consider  us  as  a   people,  entitled  to  partake  the  benefit 


STATE  PAPERS.  28$ 

of  that  law  of  war,  which  allows  commerce  with  neutral 
nations.  What  were  the  consequences  ?  The  stock  of  hard 
money  which  we  possessed  in  an  ample  degree,  at  the  be- 
ginning of  the  war,  soon  flowed  into  Europe  for  supplies 
of  arms,  ammunition  and  other  necessaries,  which  we  were 
not  in  the  habit  of  manufacturing  for  ourselves.  The  pro- 
duce of  our  soil,  attempted  to  be  carried  in  our  own  bot- 
toms to  Europe,  fell  two  thirds  of  it  into  the  hands  of  our 
enemies,  who  were  masters  of  the  sea,  the  other  third  illy 
sufficed  to  procure  the  necessary  implements  of  war,  so 
that  no  returns  of  money  supplied  the  place  of  that  which 
had  gone  off.  We  were  reduced  then  to  the  resource  of  a 
paper  medium,  and  that  completed  the  exile  of  the  hard 
money  :  so  that,  in  the  latter  stages  of  the  war,  we  were, 
for  years  together,  without  seeing  a  single  coin  of  the 
precious  metals  in  circulation.  It  was  closed  with  a  stipu- 
lation that  we  should  pay  a  large  mass  of  debt,  in  such 
coin.  If  the  whole  soil  of  the  United  States  had  been 
offered  for  sale  for  ready  coin,  it  would  not  have  raised  as 
much  as  would  have  satisfied  this  stipulation.  The  thing 
then  was  impossible,  and  reason  and  authority  declare, 
*  "  Si  l'empechemcnt  est  reel,  il  faut  donner  du  terns  ;  car 
nul  n'est  tenu  a  Pimpossible."  Vattel,  1.  4,  s.  51. — We 
should  with  confidence  have  referred  the  case  to  the  arbiter 
proposed  by  another  jurist,  who  lays  it  down  that  a  party, 
t  '•  Non  ultra  obligari,  quam  in  quantum  faccre  potest ;  et 
an  possit,  permittendum  alterius  principis,  qua  boni  viri 
arbitrio."  Bynk.  2.  J.  P.  1.  2,  c.  10.  That  four  of  the 
States  should  resort,  under  such  circumstances,  to  very 
small  emissions  of  paper  money,  is  not  wonderful:  that  all 
did  not,  proves  their  firmness  under  sufferance,  and  that 
they  were  disposed  to  bear  whatever  could  be  borne, 
rather  than  contravene,  even  by  way  of  equivalent,  stipu- 
lations, which  had  been  anthoritatively  entered  into  by 
them.  And  even  in  the  four  states,  which  emitted  paper 
money,  it  was  in  such  small  sums,  and  so  secured,  as  to 
suffer  only  a  short  lived,  and   not  great  depreciation  of 

*  M  If  the  obstacle  lie  real,  lime  must  be  given,  for  no  one  is  bound  to  dta 
impossibility."    Vattel.  J.  4,  b.  51. 

+  u  No  one  is  bound  beyond  what  he  can  do,  and  whether  he  con,  may  be 
left  to  the  decision  of  the  other  prince,  us  an  Lvnc-t  n^ru."  l>vuk-  '«!.  i  X-  !• 
%  c.  10. 

VOL..  T.  37 


290  AMERICA*1 

value  ;  nor  did  they  continue  its  quality  as  a  tender,  after 
the  first  paroxysms  of  distress  were  over.  Here,,  too, 
it  is  to  be  observed,  that  natives  were  to  receive  this 
species  of  payment,  equally  with  British  subjects. 

So  that  when  it  is  considered,  that  the  other  party  had 
broken  the  treaty,  from  the  beginning,  and  that,  too,  in 
points  which  lessened  our  ability  to  pay  their  debts,  it  was 
a  proof  of  the  moderation  of  our  nation,  to  make  no  other 
use  of  the  opportunity  of  retaliation  presented  to  them, 
than  to  indulge  the  debtors  with  that  time  for  discharging 
their  debts,  which  their  distresses  called  for,  and  the  in- 
terests and  the  reason  of  their  creditors  approved. 

S.  38.  It  is  to  be  observed,  that,  during  all  this  time, 
Congress,  who  alone  possessed  the  power  of  peace  and 
war,  of  making 'treaties,  and,  consequently,  of  declaring 
their  infractions,  had  abstained  from  every  publick  decla- 
ration, and  had  confined  itself  to  the  resolution  of  May 
26th,  1783,  and  to  repeated  efforts,  through  their  minister 
plenipotentiary  at  the  court  of  London,  to  lead  that  court 
into  a  compliance  on  their  part,  and  reparation  of  the 
breach  they  had  committed.  But  the  other  party  now  laid 
hold  of  those  very  proceedings  of  our  states,  which  their 
previous  infractions  had  produced,  as  a  ground  for  further 
refusal,  and  inverting  the  natural  order  of  cause  and  effect, 
alleged  that  these  proceedings  of  ours  were  the  causes  of 
the  infractions,  which  they  had  committed  months  and  years 
before.  Thus  the  British  minister  for  foreign  affairs,  in  his 
answer  of  February  28th,  1786  ;  to  Mr.  Adams's  memorial,. 
says,  "  The  engagements  entered  into  by  treaty  ought  to 
be  mutual,  and  equally  binding  on  the  respective  contract- 
ing parties.  It  would,  therefore,  be  the  height  of  folly,  as 
well  as  injustice,  to  suppose  one  party  alone  obliged  to  a 
strict  observance  of  the  publick  faith,  while  the  other  might 
remain  free  to  deviate  from  its  own  engagements,  as  often 
as  convenience  might  render  such  deviation  necessary, 
though  at  the  expense  of  its  own  national  credit  and  im- 
portance :  I  flatter  myself,  however,  sir,  that  justice  will 
speedily  be  done  to  British  creditors  ;  and  I  can  assure 
you,  sir,  that  whenever  America  shall  manifest  a  real  in  • 
tention  to  fulfil  her  part  of  the  treaty,  Great  Britain  wilt 
not  hesitate  to  prove  her  sincerity  to  co-operate  in  what- 
ever points  depend  upon  her,  for  carrying  every  article  oS 


STATE    PAPERS.  291 

it  into  real  and  complete  effect."     Facts  will  furnish  the 
best  commentary  on  this  letter.     Let  us  pursue  them. 

The  secretary  for  foreign  affairs  of  the  United  States,  by 
order  of  Congress,  immediately  wrote  circular  letters  to 
the  governours  of  the  several  states,  dated  May  3,  1786, 
[No.  31.]  to  obtain  information  how  far  they  had  complied 
v.  iih  the  proclamation  of  January  14th,  1784,  and  the  re- 
commendation accompanying  it ;  and  April  13, 1787,  Con- 
gress, desirous  of  removing  every  pretext  which  might 
continue  to  cloak  the  inexecution  of  the  treaty,  wrote  a 
circular  letter  to  the  several  states,  in  which,  in  order  to 
produce,  more  surely,  the  effect  desired,  they  demonstrate, 
that  Congress  alone  possess  the  right  of  interpreting, 
restraining,  impeding  or  counteracting,  the  operation  and 
execution  of  treaties,  which,  on  being  constitutionally 
made,  become,  by  the  confederation,  a  part  of  the  law  of 
the  land,  and  as  such,  independent  of  the  will  and  power 
of  the  legislatures  ;  that  in  this  point  of  view,  the  state  acts, 
establishing  provisions  relative  to  the  same  objects,  and 
incompatible  with  it,  must  be  improper ;  resolving,  that 
all  such  acts  now  existing  ought  to  be  forthwith  repealed, 
as  well  to  prevent  their  continuing  to  be  regarded  as  vio- 
lations of  the  treaty,  as  to  avoid  the  disagreeable  necessity 
of  discussing  their  validity  ;  recommending,  in  order  to 
obviate  all  future  disputes  and  questions,  that  every  state, 
as  well  those  which  had  passed  no  such  acts,  as  those 
which  had,  should  pass  an  act,  repealing,  in  general  terms, 
all  acts  and  parts  of  acts  repugnant  to  the  treaty,  and 
encouraging  them  to  do  this,  by  informing  them  that  they 
had  the  strongest  assurances,  that  an  exact  compliance 
with  the  treaty,  on  our  part,  would  be  followed  by  a  punc- 
tual performance  of  it  on  the  part  of  Great  Britain. 

S.  39.  In  consequence  of  these  letters,  New  Hampshire, 
Massachusetts,  Rhode  Island,  Connecticut,  New  York, 
Delaware,  Marvland,  Virginia  and  North  Carolina,  passed 
the  acts,  No.  32.  33.  34.  3b.  36.  37.  38.  39.  40.  New 
Jersey  and  Pennsylvania  declared  that  no  law  existed  with 
them,  repugnant  to  the  treaty  [see  Documents  No.  41.  42. 
43.] — Georgia  had  no  law  existing  against  the  treaty. — 
South  Carolina,  indeed,  had  a  law  existing,  which  subject- 
ed all  persons,  foreign  or  native  [No.  44.]  to  certain  modi- 


292  AMERICAN 

fications  of  recovery  and  payment.  But  the  liberality  of 
her  conduct,  on  the  other  points,  is  a  proof  she  would  have 
conformed  in  this  also,  had  it  appeared  that  the  fullest 
conformity  would  have  moved  Great  Britain  to  compli- 
ance, and  had  an  express  repeal  been  really  necessary. 

S.  40.  For  indeed  all  this  was  supererogation.  It  re- 
sulted from  the  instrument  of  confederation  among  the 
states,  that  treaties  made  by  Congress  according  to  the 
confederation  were  superior  to  the  laws  of  the  states. 
The  circular  letter  of  Congress  had  declared  and  demon- 
strated it,  a/id  the  several  states,  by  their  acts  and  expla- 
nations before  mentioned,  hadt  shown  it  to  be  their  own 
sense,  as  we  may  safely  affirm  it  to  have  been  the  general 
sense  of  those,  at  least,  who  were  of  the  profession  of  the 
law.  Besides  the  proof  of  this,  drawn  from  the  act  of 
confederation  itself,  the  declaration  of  Congress  and  the 
acts  of  the  states  before  mentioned,  the  same  principle 
will  be  found  acknowledged  in  several  of  the  documents 
hereto  annexed  for  other  purposes.'  Thus,  in  Rhode 
Island,  governour  Collins,  in  his  letter,  No.  20,  says, 
"  The  treaty,  in  all  its  absolute  parts,  has  been  fully  com- 
plied with,  and  to  those  parts,  that  are  merely  recommen- 
datory, and  depend  upon  the  legislative  discretion,  the  most 
candid  attention  hath  been  paid."  Plainly  implying,  that, 
the  absolute  parts  did  not  depend  up on  the  legislative  discre- 
tion. Mr.  Channing,  the  attorney  for  the  United  States, 
in  that  state,  No.  19,  speaking  of  an  act  passed  before  the 
treaty,  says,  "  This  act  was  considered  by  our  courts  as 
annulled  by  the  treaty  of  peace,  and  subsequent  to  the  rati- 
fication thereof,  no  proceedings  have  been  had  thereon." 
The  governour  of  Connecticut,  in  his  letter,  No.  18,  says, 
"  The  sixth  article  of  the  treaty  was  immediately  observed 
on  receiving  the  same  with  the  proclamation  of  Congress, 
the  courts  of  justice  adopted  it  as  a  principle  of  law.  No 
further  prosecutions  were  instituted  against  any  person 
who  came  within  that  article,  and  all  such  prosecutions  as 
were  then  pending,  were  discontinued."  Thus,  prosecu- 
tions going  on,  under  the  law  of  the  state,  were  discon- 
tinued, by  the  treaty  operating  as  a  repeal  of  the  law.  In 
Pennsylvania,  Mr.  Lewis,  attorney  for  the  United  States, 
says,  in  his  letter,  No.  60,  "  The  judges  have  uniformh 
and  without  hesitation  declared  in  favour  of  the  treatv.  on 


STATE  PAPERS.  293 

the  ground  of  its  being  the  supreme  law  of  the  land.  On 
this  ground,  they  have,  not  only  discharged  attainted  trai-. 
tors  from  arrest,  but  have  frequently  declared,  that  they 
were  entitled  by  the  treaty  to  protection."  The  case  of 
the  commonwealth  v.  Gordon,  January,  1788,  Dallas's 
Reports  233,  is  a  proof  of  this.  In  Maryland,  in  the 
case  of  Mildred  v.  Dorsey,  cited  in  your  letter  E.  4.  a  law 
of  the  state,  made  during  the  war,  had  compelled  those, 
who  owed  debts  to  British  subjects,  to  pay  them  into  the. 
treasury  of  that  state.  This  had  been  done  by  Dorsey, 
before  the  date  of  the  treaty  ;  yet  the  judges  of  the  state 
general  court  decided,  that  the  treaty  not  only  repealed 
the  law  for  the  future,  but  for  the  past  also,  and  decreed, 
that  the  defendant  should  pay  the  money  over  again  to  the 
British  creditor.  In  Virginia,  Mr.  Monroe,  one  of  the  se- 
nators of  that  state  in  Congress,  and  a  lawyer  of  eminence, 
tells  us,  No.  52,  that  both  court  and  counsel  there  avowed 
the  opinion,  that  the  treaty  would  control  any  law  of  the 
state  opposed  to  it.  And  the  legislature  itself,  in  an  act 
of  October,  1 787,  C.  36,  concerning  moneys  carried  into 
the  publick  loan  office,  in  payment  of  British  debts,  use 
these  expressions.  "  And  whereas  it  belongs  not  to  the 
legislature  to  decide  particular  questions,  of  which  the  ju- 
diciary have  cognizance,  and  it  is,  therefore,  unfit  for  them 
to  determine,  whether  the  payments,  so  made  into  the  loan- 
office,  be  good  or  void  between  the  creditor  and  debtor." 
In  New  York,  Mr.  Harrison,  attorney  for  the  United 
States,  in  that  district,  assures  us,  No.  45,  that  the  act  of 
i  7j82,  of  that  state,  relative  to  debts  due  to  persons  within 
the  enemy's  lines,  was,  immediately  after  the  treaty,  re- 
strained by  the  superior  courts  of  the  state  from  operating 
on  British  creditors,  and  that  he  did  not  know  a  single  in- 
stance to  the  contrary:  a  full  proof,  that  they  considered 
the  treaty  as  a  law  of  the  land  paramount  the  law  of  their 
state. 

S.  41.  The  very  case  of  Rutgers  v.  Waddington,  [E. 
<!.]  which  is  a  subject  of  complaint  in  your  letter,  is  a 
proof  that  the  courts  consider  the  treaty  as  paramount  the 
Jaws  of  the  states.  Some  parts  of  your  information,  as  to 
that  case,  have  been  inexact.  The  state  of  New  York 
had,  during  tin-  war.  passed  an  act  [C.  1G.]  declaring  that, 
-in  any  action  by  the  proprietor  of  a  house  or  tenement 


294  AMERICAN  * 

against  the  occupant,  for  rent  or  damage,  no  mihtapy 
order  should  be  a  justification:  And  May  4,  1784,  after 
the  refusal  of  the  British  to  deliver  up  the  posts  in  the  stale 
of  New  York,  that  legislature  revived  the  same  act  [C.  19.] 
Waddington,  a  British  subject,  had  occupied  a  brewhouse 
in  New  York,  belonging  to  Rutgers,  an  American,  while 
the  British  were  in  possession  of  New  York.  During  a 
part  of  the  time,  he  had  only  permission  from  the  quarter 
master  general ;  for  another  part,  he  had  an  order  of  the 
commanding  officer,  to  authorize  his  possession.  After 
the  evacuation  of  the  city,  Rutgers,  under  the  authority  of 
this  law  of  the  state,  brought  an  action  against  Wadding- 
ton. for  rent  and  damages,  in  the  mayor's  court  of  New 
York.  Waddington  pleaded  the  treaty,  and  the  court  de- 
clared the  treaty  a  justification,  in  opposition  to  the  law  of 
the  state,  for  that  portion  of  the  time  authorized  by  the 
commanding  officer ;  his  authority  being  competent,  and 
gave  judgment  for  that  part,  in  favour  of  the  defendant. 
But  for  the  time  he  held  the  house,  under  permission  of  the 
quarter  master  general  only,  they  gave  judgment  against 
the  defendant,  considering  the  permission  of  that  officer  as 
incompetent,  according  to  the  regulations  of  the  existing 
powers.  From  this  part  of  the  judgment  the  defendant 
appealed.  The  first  part,  however,  was  an  unequivocal 
decision  of  the  superior  authority  of  the  treaty  over  the 
law.  The  latter  part  could  only  have  been  founded  in  an 
opinion  of  the  sense  of  the  treaty  in  that  part  of  the  6th 
article,  which  declares,  "  There  shall  be  no  future  prose- 
cutions against  any  person,  for  the  part  he  may  have  taken 
in  the  war,  and  that  no  person  should,  on  that  account, 
suffer  any  future  loss  or  damage  in  their  property,  &c." 
They  must  have  understood  this  as  only  pi-otecting  actions, 
which  were  conformable  with  the  laws  and  authority  ex- 
isting at  the  time  and  place.  The  tenure  of  the  defendant 
under  the  quarter  master  general  was  not  so  conformable. 
That  under  the  commanding  officer  was.  Some  may 
think,  that  murders  and  other  crimes  and  offences,  cha- 
racterized as  such  by  the  authority  of  the  time  and  place, 
where  committed,  were  meant  to  be  protected  by  this  pa- 
ragraph of  the  treaty:  and,  perhaps,  for  peace  sake,  this 
construction  may  be  the  most  convenient.  The  mayor's 
court,  however,  seems  to  have  revolted  at  it.  The  defen- 
dant appealed,  and  the  question  would  have  been  authori- 


sVatb  papers.  £9& 

tatively  decided  by  the  superior  court,  had  not  an  amica- 
ble compromise  taken  place  between  the  parties.  See 
Mr.  Hamilton's  statement  of  this  case,  No.  46. 

S.  42.  The  same  kind  of  doubt  brought  on  the  arrest  of 
John  Smith  Hatfield,  in  New  Jersey,  whose  case  [E.  9.] 
is  another  ground  of  complaint  in  your  letter.  A  refugee, 
sent  out  by  the  British  as  a  spy,  was  taken  within  the 
American  lines,  regularly  tried  by  a  court  martial,  found 
guilty,  and  executed.  There  was  one  Ball,  an  inhabitant 
of  the  American  part  of  Jersey,  who,  contrary  to  the  laws 
of  his  country,  was  in  the  habit  of  secretly  supplying  the 
British  camp  in  Staten  Island  with  provisions.  The  first 
time  Ball  went  over,  after  the  execution  of  the  spy,  of 
which  it  does  not  appear  he  had  any  knowledge,  and  cer- 
tainly no  agency  in  his  prosecution,  John  Smith  Hatfield,  a. 
refugee  also  from  Jersey,  and  some  others  of  the  same 
description,  seized  him  against  the  express  orders  of  the 
British  commanding  officer,  brought  him  out  of  the  British 
lines,  and  Hatfield  hung  him  with  his  own  hands.  The 
British  officer  sent  a  message  to  the  Americans,  disavow- 
ing this  act,  declaring  that  the  British  had  nothing  to  do 
with  it,  and  that  those  who  had  perpetrated  the  crime 
ought  alone  to  suffer  for  it.  The  right  to  punish  the 
guilty  individual  seems  to  have  been  yielded  by  the  one 
party,  and  accepted  by  the  other,  in  exchange  for  that  of 
retaliation  on  an  innocent  person  ;  an  exchange,  which 
humanity  would  wish  to  see  habitual.  The  criminal  came, 
afterwards  into  the  very  neighbourhood,  a  member  of 
which  he  had  murdered.  Peace,  indeed,  had  now  been 
made  5  but  the  magistrate,  thinking  probably,  that  it  was 
for  the  honest  soldier  and  citizen  only,  and  not  for  the 
murderer,  and  supposing,  with  the  mayor's  court  of  New 
York,  that  the  paragraph  of  the  treaty  against  future  pro- 
secutions meant  to  cover  authorized  acts  only,  and  not. 
murders  and  other  atrocities,  disavowed  by  the  existing 
authority,  arrested  Hatfield.  At  the  court,  which  met  foi 
his  trial,  the  witnesses  failed  to  attend.  The  court  re- 
leased the  criminal  from  confinement,  on  his  giving  the 
security  required  by  law  for  his  appearance  at  anoi 
court.  1  [e  fled  ;  and  you  say  that  "  as  his  friends  doubted 
the  disposition  of  the  court  to  determine  according  to  ih'- 
terms  of  the  treaty,  'hey  thought  it  more  pru<Wf  tn  r.n.u-  - 


£"96  AMERICAN 

the  forfeiture  of  the  recognisances,  thau  to  put  his  life 
again  into  jeopardy."  But  your  information  in  this,  sir, 
has  not  been  exact.  The  recognisances  are  not  forfeited. 
His  friends,  confident  in  the  opinion  of  their  counsel,  and 
the  integrity  of  the  judges,  have  determined  to  plead  the 
treaty,  and  not  even  give  themselves  the  trouble  of  asking 
a  release  from  the  legislature :  and  the  case  is  now  de- 
pending. See  the  letter  of  Mr.  Boudinot,  member  of 
Congress  for  Jersey,  No.  47. 

S.  43.  In  Georgia,  Judge  Walton,  in  a  charge  to  a  grand 
jury,  says,  "  The  state  of  Rhode  Island  having  acceded  to 
the  federal  constitution,  the  union  and  government  have 
become  complete.  To  comprehend  the  extent  of  the  ge- 
neral government,  and  to  discern  the  relation  between 
that  and  those  of  the  states,  will  be  equally  our  interest 
and  duty.  The  constitution,  laws  and  treaties  of  the  Union 
are  paramount."  And  in  the  same  state,  in  their  last  fede- 
ral circuit  court,  we  learn  from  the  publick  papers,  that 
in  a  case  wherein  the  plaintiffs  were  Brailsford  and  others, 
British  subjects,  whose  debts  had  been  sequestered  (not 
confiscated)  by  an  act  of  the  state  during  the  war,  the 
judges  declared  the  treaty  of  peace  a  repeal  of  the  act  of 
the  state,  and  gave  judgment  for  the  plaintiffs. 

S.  44.  The  integrity  of  those  opinions  and  proceedings 
of  the  several  courts  should  have  shielded  them  from  the 
insinuations  hazarded  against  them.  In  page  9  and  10,  it 
is  said,  "  That  during  the  war,  the  legislatures  passed 
laws  to  confiscate  the  estates  of  the  loyalists,  to  enable 
debtors  to  pay  into  the  state  treasuries  paper  money,  then 
exceedingly  depreciated,  in  discharge  of  their  debts." 
And  page  24,  "  The  dispensations  of  law  by  the  state  courts 
have  been  as  unpropitious  to  the  subjects  of  the  crown,  as 
the  legislative  acts  of  the  different  assemblies."  Let  us 
compare,  if  you  please,  sir,  these  unpropitious  opinions  of 
our  state  courts  with  those  of  foreign  lawyers  writing  on 
the  same  subject.  *  "  Quod  dixi  de  actionibus  recto  pub- 
licandis  ita  demum  obtinet :  si  quod  subditi  nostri  hostibus 

*  u  What  I  have  said  of  things  in  action  being  rightly  confiscated  holds 
thus :  If  the  prince  really  exacts  from  his  subjects  what  they  owed  to  our 
enemies,  if  he  shall  have  exacted  it,  it  is  rightfully  paid,  if  he  shall  not 
have  exacted   it,  peace  being  made,  the   /brme*  right   of  the  creditor  re- 


&TATE  PAPERS.  2$1 

nostris  debent,  princeps  a  subditis  suis  revera  exegerit. 
Si  exegerit,  recte  solutum  est,  si  non  exegerit,  pace 
facta,  reviviscit  jus  pristinum  creditoris" — "  secundum 
haec  inter  gentes  fere  convenit,  ut  nominibus  bello  publi- 
catis,  pace  deinde  facta,  exacta  censeantur  perisse,  et 
maneant  extincta ;  non  autem  exacta  reviviscant  et  res- 
tituantur  veriscreditoribus."  Bynk.  Q.  J.  P.  1.  1,  c.  7. 
But  what  said  the  judges  of  the  state  court  of  Maryland  in 
the  case  of  Mildred  and  Dorsey  ?  That  a  debt  forced 
from  an  American  debtor  into  the  treasury  of  his  sovereign 
is  not  extinct,  but  shall  be  paid  over  again  to  his  British 
creditor.  Which  is  most  propitious,  the  unbiassed  foreign 
jurist,  or  the  American  judge  charged  with  dispensing  jus- 
tice with  favour  and  partiality  ?  But  from  this,  you  say, 
there  is  an  appeal.  Is  that  the  fault  of  the  judge,  or  the 
fault  of  any  body  ?  Is  there  a  country  on  earth,  or  ought 
there  to  be  one,  allowing  no  appeal  from  the  first  errours 
of  their  courts  ?  and  if  allowed  from  errours  how  will  those 
from  just  judgments  be  prevented  ?  In  England,  as  in 
other  countries,  an  appeal  is  admitted  to  the  party  think- 
ing himself  injured;  and  here  had  the  judgment  been 
against  the  British  creditor  and  an  appeal  denied,  there 
would  have  been  better  cause  of  complaint  than  for  not. 
having  denied  it  to  his  adversary.  If  an  illegal  judgment 
be  ultimately  rendered  on  the  appeal,  then  will  arise  the 
right  to  question  its  propriety. 

S.  45.  Again  it  is  said,  page  34.  ;iIn  one  state  the 
supreme  federal  court  has  thought  proper  to  suspend  for 
many  months  the  final  judgment  on.  an  action  of  debt, 
brought  by  a  British  creditor.  If  by  the  supreme  federal 
court  be  meant  the  supreme  court  of  the  United  States,  1 
have  had  their  records  examined,  in  order  to  know  what 
may  be  the  case  here  alluded  to ;  and  I  am  authorized  to 
say,  there  neither  does,  nor  ever  did  exist  any  cause,  be- 
fore that  court,  between  a  British  subject  and  a  citizen  of 
the  United  States.  See  the  certificate  of  the  clerk  of  thr 
court,  No.  48.  If  by  the  supreme  federal  court  be  meant 
one  of  the  circuit  courts  of  the  United  Slates,   then  which 

vives — accordingly  it  is  for  the  most  part  agreed  among  nations  that  tiling 
in  action  being  confiscated  in  war,  the  peace  being  made,  those  which  were 
paid  are  deemed  to  have  perished,  and  remain  extinct;  but  tho=<:  not  paid, 
revive,  and  are  restored  to  their  true  creditors." — Brnk.  Q.  .'.  I'.  ?.  1,  •'■■  7. 
VOL.  r.  33 


298  AMKRICAX 

circuit,  in  which  state,  and  what  case  is  meant?  In  the 
course  of  inquiries  I  have  been  obliged  to  make,  to  find 
whether  there  exists  any  case,  in  any  district  of  any  circuit 
court  of  the  United  States,  which  might  have  given  rise  to 
this  complaint,  I  have  learnt,  that  an  action  was  brought 
to  issue,  and  argued  in  the  circuit  court  of  the  United 
States,  in  Virginia,  at  their  last  term,  between  Jones,  a 
British  subject,  plaintiff,  and  Walker,  an  American,  defen- 
dant; wherein  the  question  was  the  same,  as  in  the  case 
of  Mildred  and  Dorsey,  to  wit :  Whether  a  payment  into 
the  treasury,  during  the  war,  under  a. law  of  the  state,  dis- 
charged the  debtor  1  One  of  the  judges  retiring  from  court. 
in  the  midst  of  the  argument,  on  the  accident  of  the  death 
of  an  only  son,  and  the  case  being  primae  impressionis  in 
that  court,  it  was  adjourned,  for  consideration,  till  the  ensu- 
ing term.  Had  the  two  remaining  judges  felt  no  motive, 
but  of  predilection  to  one  of  the  parties,  had  they  consi- 
dered only  to  which  party  their  wishes  were  propitious  or 
unpropitious,  they  possibly  might  have  decided  that  ques- 
tion on  the  spot.  But  learned  enough  in  their  science  to 
see  difficulties  which  escape  others,  and  having  characters 
and  consciences  to  satisfy,  they  followed  the  example  so 
habitually  and  so  laudably  set  by  the  courts  of  your  coun- 
try, and  of  every  country,  where  law,  and  not  favour,  is 
the  rule  of  decision,  of  taking  time  to  consider.  Time  and 
consideration  are  favourable  to  the  right  cause — precipita- 
tion to  the  wrong  one. 

S.  46.  You  say  again,  p.  29.  "  The  few  attempts  to 
recover  British  debts,  in  the  county  courts  of  Virginia, 
have  universally  failed,  and  these  are  the  courts  wherein, 
from  the  smallness  of  the  sum,  a  considerable  number  of 
debts  can  only  be  recovered."  And  again,  p.  34,  "  Jn  the 
same  state,  the  county  courts  (which  alone  can  take  cog- 
nizance of  debts  of  limited  amount)  have  uniformly  rejected 
all  suits  instituted  for  the  recovery  of  sums  due  to  the  sub- 
jects of  die  crown  of  Great  Britain."  In  the  first  place, 
the  county  courts,  till  of  late,  have  had  exclusive  jurisdic- 
tion only  of  sums  below  10/.  and  it  is  known,  that  a  very 
inconsiderable  proportion  of  die  British  debt,  consists  in 
demands  below  that  sum.  A  late  law,  we  are  told,  re- 
quires, that  actions  below  30/.  shall  be  commenced  in 
those  courts :  but  allows,  at  the  same  time,  an  appeal  to 


STATE  PAPERS.  299 

correct  any  errours  into  which  they  may  fall.  In  the 
second  place,  the  evidence  of  gentlemen  who  are  in  the 
way  of  knowing  the  fact  [No.  52.  53.]  is  that  though  there 
have  been  accidental  checks  in  some  of  the  subordinate 
courts,  arising  from  the  chicanery  of  the  debtors,  and  some- 
times, perhaps,  a  moment  of  errour  in  the  court  itself,  yet 
these  particular  instances  have  been  immediately  rectified, 
cither  in  the  same  or  the  superior  court,  while  the  great 
mass  of  suits  for  the  recovery  of  sums  due  to  the  subjects 
of  the  crown  of  Great  Britain,  have  been  uniformly  sus- 
tained to  judgment  and  execution. 

S.  47.  A  much  broader  assertion  is  hazarded,  page  29. 
"  In  some  of  the  southern  states,  there  does  not  exist  a 
single  instance  of  the  recovery  of  a  British  debt  in  their 
courts,  though  many  years  have  expired  since  the  establish- 
ment of  peace  between  the  two  countries."  The  particu- 
lar states  are  not  specified.  I  have,  therefore,  thought  it 
my  duty  to  extend  my  inquiries  to  all  the  states  which  could 
be  designated  under  the  description  of  southern,  to  wit : 
Maryland,  and  those  to  the  south  of  that. 

As  to  Maryland,  the  joint  certificate  of  the  senators  and 
delegates  of  the  state  in  Congress,  the  letter  of  Mr.  Tilgh- 
man,  a  gentleman  of  the  law  in  the  same  state,  and  that 
of  Mr.  Gwinn,  clerk  of  their  general  court,  prove  that 
British  suits  have  been  maintained  in  the  superior  and 
inferior  courts  throughout  the  state  without  any  obstruc- 
tion, that  British  claimants  have,  in  every  instance,  enjoy- 
ed every  facility  in  the  tribunals  of  justice  equally  with 
their  own  citi7,ens  ;  and  have  recovered  in  due  course  of 
law,  and  remitted  large  debts,  as  well  under  contracts  pre- 
vious, as  subsequent  to  the  war. 

In  Virginia,  the  letters  of  Mr.  Munroe  and  Mr.  Giles. 
members  of  Congress  from  that  state,  and  lawyers  of  emi- 
nence in  it,  prove  that  the  courts  of  law  in  that  slate  have 
been  open  and  freely  resorted  to  by  the  British  creditors, 
who  have  recovered  and  levied  their  moneys  without  ob- 
struction :  for  we  have  no  right  to  consider  as"  obstructions 
the  dilatory  pleas  ofhere  and  there  a  debtor,  distressed  per- 
hapa  for  time,  or  even  an  accidental  errour  of  opinion  in 
a  subordinate  court,  when  such  pleas  have  been  overruled, 
and  such  errours  corrected  in  a  due  course  of  proceeding 
marked  out  by  the  laws  in  such  cases.     The  general  fact 


£0P  AMERICAN 

suffices  to  show  that  the  assertion  under  examination  can- 
not be  applied  to  this  state. 

In  North  Carolina,  Mr.  Johnston,  one  of  the  senators 
for  that  state,  tells  us  he  has  heard  indeed  but  of  few  suits 
brought  by  British  creditors  in  that  state :  but  that  he 
never  heard  that  any  one  had  failed  of  a  recovery  because 
he  was  a  British  subject ;  and  he  names  a  particular  case 
of  Elmesly  v.  Lee's  executors,  '  of  the  recovery  of  a  Bri- 
tish debt  in  the  superior  court  at  Edenton.'  See  Mr. 
Johnston's  letter  No.  54. 

In  South  Carolina,  We  learn  from  No.  55  of  particular 
judgments  rendered,  and  prosecutions  carried  on,  without 
obstacle,  by  British  creditors,  and  that  the  courts  are  open 
to  them  there  as  elsewhere.  As  to  the  modifications  of 
the  execution  heretofore  made  by  the  state  law,  having 
been  the  same  for  foreigner  and  citizen,  a  court  would 
decide  whether  the  treaty  is  satisfied  by  this  equal  mea- 
sure ;  and  if  the  British  creditor  is  privileged  by  that 
against  even  the  same  modifications  to  which  citizens  and 
foreigners  of  all  other  nations  were  equally  subjected,  then 
the  law  imposing  them  was  a  mere  nullity. 

In  Georgia,  the  letter  of  the  senators  and  representatives 
in  Congress,  No.  56,  assures  us  that  though  they  do  not 
know  of  any  recovery  of  a  British  debt,  in  their  state, 
neither  do  they  know  of  a  denial  to  recover  since  the 
ratification  of  the  treaty  5  the  creditors  having  mostly 
preferred  amicable  settlement ;  and  that  the  federal  court 
is  open  and  unobstructed  to  British  creditors  there,  as  in 
any  other  of  the  United  States ;  and  this  is  further  proved 
by  the  late  recovery  of  Brailsford  and  others  before  cited. 

S.  48.  You  say  more  particularly  of  that  state,  page  25. 
"  It  is  to  be  lamented,  that  in  a  more  distant  state,  (Geor- 
gia) it  was  a  received  principle,  inculcated  by  an  opinion 
of  the  highest  judicial  authority  there,  that  as  no  legisla- 
tive act  of  the  state  existed,  confirming  the  treaty  of  peace 
with  Great  Britain,  war  still  continued  between  the  two 
countries  ;  a  principle  which  may  perhaps  still  continue  in 
ihat  state."  No  judge,  no  case,  no  time,  is  named.  Im- 
putations on  the  judiciary  of  a  country  are  too  serious  to 
be  neglected.  I  have  thought  it  my  duty  therefore  to  spare 
no  endeavours  to  find  on  what  fact  this  censure  was  meant 
to  be  affixed.    I  have  found  that  judge  Walton,  of  Georgia, 


s;tate  papers.  >    301 

in  the  summer  of  1783,  the  definitive  treaty  not  yet  sign- 
ed in  Europe,  much  less  known  and  ratified  here,  set  aside 
a  writ  in  the  case  of  Thompson,  a  British  subject  v. 
Thompson,  assigning  for  reasons,  1  st.  "  That  there  was  no 
law  authorizing  a  subject  of  England  to  sue  a  citizen  of 
that  state ;  2d.  That  the  war  had  not  been  definitively  con- 
cluded ;  or  3d.  If  concluded,  the  treaty  not  known  to,  or 
ratified  by,  the  legislature ;  nor  4th.  Was  it  in  any  manner 
ascertained  how  those  debts  were  to  be  liquidated."  With 
respect  to  the  last  reason,  it  was  generally  expected  that 
some  more  specifick  arrangements,  as  to  the  manner  of 
liquidating  and  times  of  paying  British  debts  would  have 
been  settled  in  the  definitive  treaty.  No.  58,  shows  that 
such  arrangements  were  under  contemplation.  And  the 
judge  seems  to  have  been  of  opinion  that  it  was  necessary 
the  treaty  should  be  definitively  concluded,  before  it  could 
become  a  law  of  the  land,  so  as  to  change  the  legal  cha- 
racter of  an  alien  enemy,  who  cannot  maintain  an  action, 
into  that  of  an  alien  friend,  who  may.  Without  entering 
into  the  question,  whether  between  the  provisional  and 
definitive  treaties,  a  subject  of  either  party  could  maintain 
an  action  in  the  courts  of  the  other  (a  question  of  no  con- 
sequence, considering  how  short  the  interval  was,  and  this, 
probably,  the  only  action  essayed)  we  must  admit  that  if 
the  judge  was  right  in  his  opinion,  that  a  definitive  conclu- 
sion was  necessary,  he  was  right  in  his  consequence  that 
it  should  be  made  known  to  the  legislature  of  the  state,  or 
in  other  words  to  the  state,  and  that,  till  that  notification. 
it  was  not  a  law  authorizing  a  subject  of  England  to  sue 
;i  citizen  of  that  state.  The  subsequent  doctrine  of  the 
same  judge  Walton,  with  respect  to  treaties,  when  duly 
completed,  that  they  are  paramount  the  laws  of  the  several 
states,  as  has  been  seen  in  his  charge  to  a  grand  jury 
before  spoken  of  (s.  43.)  will  relieve  your  doubts  whether 
ihe  "principle  still  .continues  in  that  state  of  the  continu- 
ance of  war  between  the  two  countries." 

S.  49.  The  latter  part  of  the  quotation  before  made 
merits  notice  also,  to  wit,  where,  after  saying  not  a  single 
instance  exists  of  the  recovery  of  a  British  debt,  it  is  ad- 
ded, wt  Though  many  years  have  expired  since  the  estab- 
lishment of  peace  between  the  two  countries."  It  is 
':\idcnL  from   the  preceding  testimony,  that  many  suits 


302  AMERICAN 

have  been  brought,  and  with  effect :  yet  it  has  often  been 
matter  of  surprise  that  more  were  not  brought,  and  earlier, 
since  it  is  most  certain  that  the  courts  would  have  sustain- 
ed their  actions  and  given  them  judgments.  This  absti- 
nence on  the  part  of  the  creditors  has  excited  a  suspicion 
that  they  wished  rather  to  recur  to  the  treasury  of  their 
own  country  ;  and  to  have  colour  for  this,  they  would  have 
it  believed  that  there  were  obstructions  here  to  the  bring- 
ing their  suits.  Their  testimony  is  in  fact  the  sole,  to 
which  your  court  till  now,  has  given  access.  Had  the 
opportunity  now  presented  been  given  us  sooner,  they 
should  sooner  have  known  that  the  courts  of  the  United 
States  whenever  the  creditors  would  choose  that  recourse, 
and  would  press,  if  necessary,  to  the  highest  tribunals, 
would  be  found  as  open  to  their  suits,  and  as  impartial  to 
their  subjects,  as  theirs  to  ours. 

S.  50.  There  is  an  expression  in  your  letter,  page  7, 
that  "  British  creditors  have  not  been  countenanced  or 
supported,  either  by  the  respective  legislatures,  or  by  the 
state  courts,  in  their  endeavours  to  recover  the  full  value 
of  debts  contracted  antecedently  to  the  treaty  of  peace. " 
And  again,  in  p.  8,  u  In  many  of  the  states,  the.  subjects 
of  the  crown,  in  endeavouring  to  obtain  the  restitution  of 
their  forfeited  estates  and  property,  have  been  treated 
with  indignity."  From  which  an  inference  might  be 
drawn,  which  I  am  sure  you  did  not  intend,  to  wit :  That 
the  creditors  have  been  deterred  from  resorting  to  the 
courts  by  popular  tumults,  and  not  protected  by  the  laws 
of  the  country.  I  recollect  to  have  heard  of  one  or  two 
attempts,  by  popular  collections,  to  deter  the  prosecution 
of  British  claims.  One  of  these  is  mentioned  in  No.  49. 
But  these  were  immediately  on  the  close  of  the  war,  while 
its  passions  had  not  yet  had  time  to  subside,  and  while 
the  ashes  of  our  houses  were  still  smoking.  Since  that, 
say  for  many  years  past,  nothing  like  popular  interposi- 
tion, on  this  subject,  has  been  heard  of  in  any  part  of 
our  land.  There  is  no  country,  which  is  not  some- 
times subject  to  irregular  interpositions  of  the  people. 
i — There  is  no  country  able,  at  all  times,  to  punish 
them.  There  is  no  country,  which  has  less  of  this  to  re- 
proach itself  with,  than  the  United  States,  nor  any,  where 
the  laws  have  a  more  regular  course,  or  are  more  habitual- 


STATE    PAPER5.  303 

\y  and  cheerfully  acquiesced  in.  Confident  that  your  owrt 
observation  and  information  will  have  satisfied  you  of  this 
truth,  I  rely  that  the  inference  was  not  intended,  which 
seems  to  result  from  these  expressions. 

S.  51.  Some  notice  is  to  be  taken,  as  to  the  great  defi- 
ciencies in  collection  urged  on  behalf  of  the  British  mer- 
chants. The  course  of  our  commerce  with  Great  Britain 
was  ever  for  the  merchant  there  to  give  his  correspondent 
here  a  year's  credit :  So  that  we  were  regularly  indebted 
from  a  year  to  a  year  and  a  half's  amount  of  our  exports. 
It  is  the  opinion  of  judicious  merchants,  that  it  never  ex- 
ceeded the  latter  term,  and  that  it  did  not  exceed  the 
former  at  the  commencement  of  the  war.  Let  the  holders 
then  of  this  debt  be  classed  into,  1st.  Those  who  were 
insolvent  at  that  time.  2d.  Those  solvent  then,  who  be- 
came insolvent  during  the  operations  of  the  war,  a  nume- 
rous class.  3d.  Those  solvent  at  the  close  of  the  war, 
but  insolvent  now.  4th.  Those  solvent  at  the  close  of 
the  war,  who  have  since  paid  or  settled  satisfactorily  with 
their  creditors,  a  numerous  class  also.  5th.  Those  sol- 
vent then  and  now,  who  have  neither  paid,  nor  made 
satisfactory  arrangements  with  their  creditors.  This  last 
.  the  only  one  now  in  question,  is  little  numerous,  and 
the  amount  of  their  debts  but  a  moderate  proportion  of 
the  aggregate  which  was  due  at  the  commencement  of  the 
war  :  insomuch,  that  it  is  the  opinion,  that  we  do  not  owe 
('»  Great  Britain,  at  this  moment,  of  separate  debts,  old 
and  new,  more  than  a  year,  or  a  year  and  a  quarter's  ex- 
ports, the  ordinary  amount  of  the  debt  resulting  from  the 
common  course  of  dealings. 

S.  5(2.  In  drawing  a  comparison  between  the  proceed- 
ings of  Great  Britain  and  the  United  States,  you  say,  page 
35,  -;  The  conduct  of  Great  Britain,  in  all  these  respects, 
has  been  widely  different  from  that  which  has  been  ob- 
served by  the  United  Stales.  In  the  courts  of  law  of  the 
former  country,  the  citizens  of  the  United  States  have 
experienced,  without  exception,  the  same  protection  and 
impartial  distribution  of  justice,  as  the  subjects  of  the 
crown."  No  nation  can  answer  for  perfect  exactitude  of 
proceedings  in  all  their  inferior  courts.  It  suffices  to  pro- 
vide a  supreme  judicature,  where  all  errour  and  partiality 
will  be  ultimately  corrected.      With  this  qualification,  nr 


/• 


304  AMERICAS 

have  heretofore  been  in  the  habit  of  considering  the  ad- 
ministration of  justice  in  Great  Britain  as  extremely  pure. 
With  the  same  qualification,  wc  have  no  fear  to  risk  every 
thing,  which  a  nation  holds  dear,  on  the  assertion,  that  the 
administration  of  justice  here  will  be  found  equally  pure. 
When  the  citizens  of  either  party  complain  of  the  judicia- 
ry proceedings  of  the  other,  they  naturally  present  but 
one  side  of  the  case  to  view,  and  are,  therefore,  to  be  lis- 
tened to  with  caution.  Numerous  condemnations  have 
taken  place  in  your  courts  of  vessels  taken  from  us  after 
the  expirations  of  the  terms  of  one  and  two  months  stipu- 
lated in  the  armistice.  The  state  of  Maryland  has  been 
making  ineffectual  efforts,  for  nine  years,  to  recover  a  sum 
of  55,000/.  sterling,  lodged  in  the  bank  of  England  pre- 
vious to  the  war.  A  judge  of  the  king's  bench  lately 
declared,  in  the  case  of  Greene,  an  American  citizen,  v. 
Buchanan  and  Charnock,  British  subjects,  that  a  citizen 
of  the  United  States,  who  has  delivered  43,000/.  sterling 
worth  of  East  India  goods  to  a  British  subject  at  Ostend, 
receiving  18,000/.  in  part  payment,  is  not  entitled  to 
maintain  an  action  for  the  balance  in  a  court  of  Great 
Britain,  though  his  debtor  is  found  there,  is  in  custody  of 
the  court,  and  acknowledges  the  facts.  These  cases  ap- 
pear strong  to  us.  If  your  judges  have  done  wrong  in 
them,  we  expect  redress.  If  right,  we  expect  explana- 
tions. Some  of  them  have  already  been  laid  before  your 
court.  The  others  will  be  so,  in  due  time.  These,  and 
such  as  these,  are  the  smaller  matters  between  the  two 
nations,  which,  in  my  letter  of  Dec.  15, 1  had  the  honour 
to  intimate,  that  it  would  be  belter  to  refer  for  settlement 
through  the  ordinary  channel  of  our  ministers,  than  embar- 
rass the  present  important  discussions  with  them.  Such 
cases  will  be  constantly  produced  by  a  collision  of  inte- 
rests in  the  dealings  of  individuals,  and  will  be  easily 
adjusted  by  a  readiness  to  do  right  on  both  sides,  regard- 
less of  party. 

S.  53.  It  is  made  an  objection  to  the  proceedings  of 
our  legislative  and  judiciary  bodies,  that  they  have  refused 
to  allow  interest  to  run*  on  debts  during  the  course  of  the 
war.  The  decision  of  the  right  to  this  rests  with  the  judi- 
ciary alone,  neither  the  legislative  nor  the  executive  hav- 
ing any  authority  to  intermeddle. 


STATE   PAPERS.  305 

The  administration  of  justice  is  a  branch  of  the  sove- 
reignty over  a  country,  and  belongs  exclusively  to  the 
nation   inhabiting  it.     No  foreign  power  can  pretend  to 
participate   in   their  jurisdiction,   or   that  their  citizens 
received  there  are  not  subject  to  it.     When  a  cause  has 
been  adjudged  according  to  the  rules  and   forms  of  the 
country,  its  justice  ought  to  be  presumed.     Even  errour 
in  the  highest  court  which  has  been  provided  as  the  last 
means  of  correcting  the  errours  of  others,  and  whose  de- 
crees are  therefore  subject  to  no  further  revisal,  is  one  of 
those  inconveniences  flowing  from  the  imperfection  of  our 
faculties,  to  which  every  society  must  submit ;  because 
there  must  be  somewhere  a  last  resort,  wherein  contes- 
tations  may   end.     Multiply   bodies   of  revisal   as   you 
please,  their  number  must  still  be  finite,  and  they  must 
finish  in  the  hands  of  fallible  men  as  judges.    If  the  errour 
be  evident,  palpable,   *  et  in  re  minime  dubia,  it  then  in- 
deed assumes  another  form,  it  excites  presumption  that  it 
was  not  mere  errour,  but  premeditated   wrong ;  and  the 
foreigner,  as  well  as  native,   suffering  by  the  wrong,  may 
reasonably   complain,   as  for  a   wrong  committed  in  any 
other  way.     In  such  case,  there  being  no  redress  in  the 
ordinary  forms  of  the  country,  a  foreign  prince  may  li.sren 
to  complaint  from  his  subjects  injured  by  the  adjudication, 
may  inquire  into  its  principles  to  prove  their  criminality, 
and,  according  to  the  magnitude  of  the  wrong,  take  his 
measures  of  redress  by  reprisal,  or  by  a  refusal  of  right 
on  his  part.     If  the  denial  of  interest,  in  our  case,  be  jus- 
tified by  law,  or  even  if  it  be  against  law,  but  not  in  that 
gross,  evident,  and  palpable  degree,  which  proves  it  to 
flow  from  the  wickedness  of  the  heart,  and  not  errour  of 
the  head  in  the  judges,  then  is  it  no  cause  for  just  com- 
plaint, much  less  for  a  refusal  of  right,  or  self  redress  in 
any  other  way.     The  reasons  on  which  the  denial  of  inte- 
rest is  grounded  shall  be  stated  summarily,  yet  sufficient- 
ly to  justify  the  integrity  of  the  judge,  and  even  lo  induce 
a  presumption  that  they  might  be  extended  to  that  of  his 
science  also,  were  that  material  to  the  present  object. 

S.  54.  The  treaty  is  the  text  of  the  law  in  the  present 
case,  and  its  words  arc   that  there  shall   be  no  lawful  im 

*  Iu  a  matter  susceptible  of  no  doubf. 
vor,.  i.  30 


306  A&ERICA.Y 

pediment  to  the  recovery  of  bona  fide  debts.  Nothing  is 
said  of  interest  on  those  debts  :  and  the  sole  question  is 
whether,  where  a  debt  is  given,  interest  thereon  flows  from 
the  general  principles  of  the  law  ?  Interest  is  not  a  part 
of  the  debt,  but  something  added  to  the  debt  by  way  of 
damage  for  the  detention  of  it.  This  is  the  definition  of 
the  English  lawyers  themselves,  who  say  "  Interest  is  re- 
covered by  way  of  damages  *  ratione  detentionis  debiti." 
2  Salk.  622,  623.  Formerly  all  interest  was  considered 
as  unlawful,  in  every  country  of  Europe :  It  is  still  so  in 
Roman  Catholick  countries,  and  countries  little  com- 
mercial. From  this,  as  a  general  rule,  a  few  special  cases 
are  excepted.  In  France  particularly  the  exceptions  are 
those  of  minors,  marriage  portions,  and  money,  the  price 
of  lands.  So  thoroughly  do  their  laws  condemn  the  allow- 
ance of  interest,  that  a  party  who  has  paid  it  voluntarily,  may 
recover  it  back  again  whenever  he  pleases.  Yet  this  has 
never  been  taken  up  as  a  gross  and  flagrant  denial  of  jus- 
tice, authorizing  national  complaint  against  those  govern- 
ments. In  England  also  all  interest  was  against  law,  till 
the  Stat.  37.  H.  8.  C.  9.  The  growing  spirit  of  com- 
merce, no  longer  restrained  by  the  principles  of  the  Ro- 
man church,  then  first  began  to  tolerate  it.  The  same 
causes  produced  the  same  effect  in  Holland,  and,  perhaps, 
in  some  other  commercial  and  catholick  countries.  But 
even  in  England  the  allowance  of  interest  is  not  given  by 
-express  law,  but  rests  on  the  discretion  of  judges-  and  juries 
as  the  arbiters  of  damages.  Sometimes  the  judge  has 
enlarged  the  interest  to  20  per  cent,  per  annum  (1  Chanc. 
Rep.  57.)  In  other  cases  he  fixes  it  habitually  one  per  cent, 
lower  than  the  legal  rate  (2  Te.  Atk.  343)  and  in  a  multi- 
tude of  cases  he  refuses  it  altogether.  As  for  instance,  no 
interest  is  allowed, 

1.  On  arrears  of  rents,  profits,   or  annuities   (1  Chan. 

Rep.    184.  2.   P.  W.    163.  Ca.  temp.  Talbot  2.) 

2.  For  maintenance,  Vin.  Abr.  Interest.  C.  10. 

3.  For  moneys  advanced  by  Ex'rs.  2.  Abr.  eq.  531.  15. 

4.  For  goods  sold  and  delivered.  3.  Wilson  206. 

5.  On  book  debts,  open  accounts,  or  simple  contracts. 

3.  Chan.  Rep.  64.  Freem.  ch.  rep.   133.  Dougl. 
376. 

*  On  account  of  the  detention  of  the  debt. 


STATE   PAPERS,.  30T 

G.  For  money  lent  without  a  note.  2.  Stra.  910. 

7.  On  an  inland  bill  of  exchange,  if  no  protest  is  taken. 

2.  Stra.  910. 

8.  On  a  bond  after  20  years.    2.  Vern.  458.  or  after 

a  tender. 

9.  On  a  decree  in  certain  cases.    Freem.  ch.  rep.  181. 

10.  On  judgments  in  certain  cases,  as  battery  and  slan- 

der.    Freem.  ch.  rep.  37. 

11.  On  any  decrees  or  judgments  in  certain  court*,  as 

the  exchequer  chamber.     Douglass,  753. 

12.  On  costs.  2.  Abr.  eq.  530.  7. 


And  we  may  add,  once  for  all,  that  there  is  no  instru- 
ment or  title  to  debt  so  formal  and  sacred,  as  to  give  a 
right  to  interest  on  it  under  all  possible  circumstances. 
The  words  of  Lord  Mansfield,  Dougl.  753.  where  he  says 
;'  That  the  question  was,  what  was  to  be  the  rule  for  as- 
sessing the  damage,  and  that  in  this  case,  the  interest 
ought  to  be  the  measure  of  the  damage,  the  action  being 
for  a  debt,  but  in  a  case  of  another  sort  the  rule  might  be 
different:  his  words,  Dougl.  376.  'That  interest  might  be 
payable  in  cases  of  delay,  if  a  jury,  in  their  discretion,  shall 
think  fit  to  allow  it.'  And  the  doctrine  in  Giles,  v.  Hart. 
2.  Salk.  622.  that  damages,  or  interest,  are  but  an  acces- 
sary to  the  debt,  which  may  be  barred  by  circumstances, 
which  do  not  touch  the  debt  itself,  suffice  to  prove  that  in- 
terest is  not  a  part  of  the  debt,  neither  comprehended  in 
the  thing,  nor  in  the  term,  that  words,  which  pass  the 
debt,  do  not  give  interest  necessarily,  that  the  interest 
depends  altogether  on  the  discretion  of  the  judges  and  jurors, 
who  will  govern  themselves  by  all  existing  circumstances, 
will  take  the  legal  interest  for  the  measure  of  their 
damages,  or  more,  or  less,  as  they  think  right,  will  give  it 
from  the  date  of  the  contract,  or  from  a  year  after,  or  deny 
it  altogether,  according  as  the  fault  or  the  sufferings  of  the 
one  or  the  other  party  shall  dictate.  Our  laws,  are  gene- 
rally, an  adoption  of  yours ;  and  I  do  not  know  that  any  of 
the  states  have  changed  them  in  this  particular.  But  there 
is  one  rule  of  your  and  our  law,  which,  while  it  proves 
that  every  title  of  debt  is  liable  to  a  disallowance  of  in- 
terest under  special  circumstances,  is  so  applicable  to  our 
case,  that  I  shall  cite  it  as  a  text,  and  apply  to  it.  the  cir- 


#03  AMERICAN* 

cumstances  of  our  ease.  It  is  laid  down  in  Vin.  Abr.  In* 
tcresUC.  7.  and  2.  Abr.  eq.  5293.  and  elsewhere  in  these 
words,  -  Where,  by  a  general  and  national  calamity,  nothing 
is  made  out  of  lands,  which  are  assigned  for  payment  of 
interest,  it  ought  not  to  run  on  during  the  time  of  such  ca- 
lamity.'' This  is  exactly  the  case  in  question.  Can  a 
more  general  national  calamity  be  conceived,  than  that 
universal  devastation,  which  took  place  in  many  of  these 
states  during  the  war  ?  Was  it  ever  more  exactly  the  case 
any  where,  that  nothing  was  made  out  of  the  lands  which 
were  to  pay  the  interest  ?  The  produce  of  those  lands,  for 
want  of  the  opportunity  of  exporting  it  safely,  was  down  to 
almost  nothing  in  real  money,  e.  g.  Tobacco  was  less  than 
a  dollar  the  hundred  weight.  Imported  articles  of  clothing 
or  consumption,  were  froni  4  to  8  times  their  usual  price. 
A  bushel  of  salt  was  usually  sold  for  1001b.  of  tobacco. 
At  the  same  time  these  lands  and  other  property,  in  which 
the  money  of  the  British  creditors  was  vested,  were  paying 
high  taxes  for  their  own  protection,  and  the  debtor,  as 
nominal  holder,  stood  ultimate  insurer  of  their  value  to  the 
creditor,  who  was  the  real  proprietor,  because  they  were 
bought  with  his  money.  And  who  will  estimate  the  value 
of  this  insurance,  or  say  what  would  have  been  the  forfeit, 
in  a  contrary  event  of  the  Avar  ?  Who  will  say  that  the  risk 
of  the  property  was  not  worth  the  interest  of  its  price  ? 
general  calamity  then  prevented  profit,  and  consequently 
stopped  interest,  which  is  in  lieu  of  profit.  The  creditor  says 
indeed  he  has  laid  out  of  his  money  ;  he  has  therefore 
lost  the  use  of  it.  The  debtor  replies  that  if  the  creditor 
has  lost,  he  has  not  gained  it :  that  this  may  be  a  question 
between  two  parties,  both  of  whom  have  lost.  In  that 
case  the  courts  will  not  double  the  loss  of  the  one,  to  save 
all  loss  from  the  other.  That  it  is  a  rule  of  natural,  as 
well  as  municipal  law,  that  in  questions  de  damno  evi tan- 
do  melior  est  conditio  possidentis.  If  this  maxim  be  just, 
where  each  party  is  equally  innocent,  how  much  more  so, 
where  the  loss  has  been  produced  by  the  act  of  the  credi- 
tor ?  For  a  nation  as  a  society,  forms  a  moral  person,  and 
every  member  of  it  is  personally  responsible  for  his  so- 
ciety. It  was  the  act  of  the  lender,  or  of  his  nation,  which 
annihilated  the  profits  of  the  money  lent ;  he  cannot  then 
demand  profits  which  he  either  prevented  from  coining 
into  existence,  or  burnt  or  otherwise  destroyed  after  they 


STAT*  papers.  309  v 

were  produced.  If  then,  there  be  no  instrument  or  title  of 
debt  so  formal  and  sacred  as  to  give  right  to  interest  under 
all  possible  circumstances,  and  if  circumstances  of  exemp- 
tion, stronger  than  in  the  present  case,  cannot  possibly  be 
found,  then  no  instrument  or  title  of  debt,  however  formal 
or  sacred,  can  give  right  to  interest  under  the  circum- 
stances of  our  case.  Let  us  present  the  question  in 
another  point  of  view.  Your  own  law  forbade  the  pay- 
ment of  interest  when  it  forbade  the  receipt  of  American 
produce  into  Great  Britain,  and  made  that  produce  fair 
prize  on  its  way  from  the  debtor  to  the  creditor,  or  to  any 
other  for  his  use  and  reimbursement.  All  personal  ac- 
cess between  creditor  and  debtor  was  made  illegal ;  and 
the  debtor  who  endeavoured  to  make  a  remitment  of  his 
debt,  or  interest,  must  have  done  it  three  times,  to  answer 
its  getting  once  to  hand ;  for  two  out  of  three  vessels 
were  generally  taken  by  the  creditor  nation,  and  some- 
times by  the  creditor  himself,  as  many  of  them  turned 
their  trading  vessels  into  privateers.  Where  no  place 
has  been  agreed  on  for  the  payment  of  a  debt,  the  laws  of 
England  oblige  the  debtor  to  seek  his  creditor  whereso- 
ever he  is  to  be  found  within  the  realm.  Coke  Lit.  210. 
b.  but  do  not  bind  him  to  go  out  of  the  realm  in  search  of 
him.  This  is  our  law  too.  The  first  act,  generally,  of 
the  creditors  and  their  agents  here,  was  to  withdraw  from 
the  United  States  with  their  books  and  papers.  The  cre- 
ditor thus  withdrawing  from  his  debtor,  so  as  to  render 
payment  impossible,  either  of  the  principal  or  interest, 
makes  it  like  the  common  case  of  a  tender  and  refusal  of 
money,  after  which  interest  stops  both  by  your  laws  and 
ours.  We  see  too  from  the  letter  of  Mr.  Adams,  June  \Gf 
1706,  No.  57.  that  the  British  secretary  for  foreign  affairs 
was  sensible,  that  a  British  statute  having  rendered  crimi- 
nal all  intercourse  between  the  debtor  and  creditor,  had 
placed  the  article  of  interest  on  a  different  footing  from  the 
principal.  And  the  letter  of  our  plenipotentiaries  to  Mr. 
Hartley,  the  British  plenipotentiary  for  forming  the  defini- 
tive treaty,  No.  53.  shows  that  the  omission  to  express 
interest  in  the  treaty  was  not  merely  an  oversight  of  the 
parties  ;  that  its  allowance  was  considered  by  our  pleni- 
potentiaries as  a  thing  not  to  be  intended  in  the  treaty, 
was  declared  against  by  Congress,  and  that  declaration 
communicated  to  Mr.  Hartley.    After  *uch.  an  explanation. 


310  AMERICAN* 

the  omission  is  a  proof  of  acquiescence,  and  an  intention 
not  to  claim  it.  It  appears  then,  that  the  debt  andinterest 
on  that  debt,  are  separate  things  in  every  country,  and 
under  separate  rules.  That  in  every  country  a  debt  is  re- 
coverable, while,  in  most  countries,  interest  is  refused  in 
all  cases ;  in  others,  given,  or  refused,  diminished,  or  aug- 
mented, at  the  discretion  of  the  judge  ;  no  where  given  in 
all  cases  indiscriminately,  and  consequently  no  where  so 
incorporated  with  the  debt,  as  to  pass  with  that  ex vi termi- 
ni, or  otherwise  to  be  considered  as  a  determinate  and 
vestat  thing. 

While  the  taking  interest  on  money  has  thus  been  con- 
sidered in  some  countries,  as  morally  wrong  in  all  cases, 
in  others  made  legally  right  but  in  particular  cases,  the 
taking  profits  from  lands  or  rents  in  lieu  of  profits,  has 
been  allowed  every  where,  and  at  all  times,  both  in  mo- 
rality and  law.  Hence  it  is  laid  down  as  a  general  rule 
Wolf,  S.  229*  '  Si  quis  fundum  alienum  possidet.  domini 
est  quantum  valet  usas  fundi,  et  possessoris  quantum  valet 
ejus  cultura  etcura.'  But  even  in  the  case  of  lands  res- 
tored by  a  treaty,  the  arrears  of  profits  or  rents  are  never 
restored,  unless  they  be  particularly  stipulated,  t '  Si  res 
vi  pacis  restituendae,  restituendi  quoque  sunt  fructus  a  die 
concessionis^  says  Wolf,  S.  1224.  And  Grotius  ;  cui  pace 
res  conceditur,  ci  et  fructus  conceduntera  tempore  conces- 
sionis :  non  retro.'  L.  3.  C.  20.  S.  22.  To  place  the 
right  to  interest  on  money  on  a  level  with  the  right  to 
profits  on  land,  is  placing  it  more  advantageously  than  has 
been  hitherto  authorized  ;  and  if,  as  we  have  seen,  a  stipu- 
lation to  restore  lands  does  not  include  a  stipulation  to 
restore  the  back  profits,  we  may  certainly  conclude  a  for- 
tiori that  the  restitution  of  debts  does  not  include  an 
allowance  of  back  interest  on  them. 

These  reasons  and  others  like  these,  have  probably  ope- 
rated on  the  different  courts  to  produce  decisions  that '  no 

*  '  If  any  one  is  in  possession  of  another'?  land,  ?o  much  belongs  to  the 
owner  as  the  use  of  the  land  is  worth,  and  so  much  to  the  possessor  as  his 
labour  and  care  are  worth.' 

t  '  If  things  are  to  be  restored  by  virtue  of  the  peace,  the  profits  are  also 
to  be  restored  from  lite  day  of  the  cession. 

'  To  whomsoever  a  thing  is  conceded  by  the  peace,  to  him  also  the  profitr. 
are  conceded,  from  (he  time  of  the  concession^  but  kot  back.* 


STATE    PAPERS.  311 

interest  should  rim  during  the  time  this  general  and  nation- 
al calamity  lasted.'  And  they  seem  sufficient,  at  least  to 
rescue  their  decisions  from  that  flagrant  denial  of  right, 
which  can  alone  authorize  one  nation  to  come  forward 
with  complaints  against  the  judiciary  proceedings  of 
another. 

S.  55.  The  states  have  been  uniform  in  the  allowance 
of  interest  before  and  since  the  war,  but  not  of  that  claim- 
ed during  the  war.  Thus  we  know  by  [E.  1.]  the  case  of 
Ncate's  executors  v.  Sands  in  New  York,  and  Mildred  r. 
Dorsey  in  Maryland,  that  in  those  states,  interest  during 
the  war  is  disallowed  by  the  courts.  By  [D.  8.]  1731, 
May,  the  act  relating  to  debts  due  to  persons  who  have 
been,  and  remained  within  the  enemy's  power  or  lines 
during  the  late  war.  That  Connecticut  left  it  to  their 
court  of  chancery  to  determine  the  matter  according  to 
the  rules  of  equity,  or  to  leave  it  to  referees  ;  by  [E.  2.] 
the  case  of  Osborne  v.  Mifflin's  executors,  and  [E.  3.] 
Hare  v.  Allen,  explained  in  the  letter  of  Mr.  Rawle,  attor- 
ney of  the  United  States,  No.  59.  And  by  the  letter  of 
Mr.  Lewis,  judge  of  the  district  court  of  the  United  States, 
No.  60,  that  in  Pennsylvania  the  rule  is  that  where  neither 
the  creditor  nor  any  agent,  was  within  the  state,  no  inte- 
rest was  allowed ;  where  either  remained,  they  gave  in- 
terest. In  all  the  other  states  I  believe  it  is  left  discre- 
tionary in  the  courts  and  juries.  In  Massachusetts,  the 
practice  has  varied.  In  November,  1781,  they  instruct 
their  delegates  in  Congress  to  ask  the  determination  of 
Congress,  whether  they  understood  the  word  '  debts'  in 
the  treaty  as  including  interest?  and  whether  it  is  their 
opinion,  that  interest  during  the  war  should  be  paid  ?  and 
at  the  same  time  they  pass  [D.  9.]  the  act  directing 
the  courts  to  suspend  rendering  judgment  for  any  interest 
that  might  have  accrued  between  April  19,  1775,  and  Jan. 
20,  1783.  But  in  1787,  when  there  was  a  general  com- 
pliance enacted  through  all  the  United  States,  in  order  to 
see  if  that  would  produce  a  counter  compliance,  their  le- 
gislature passed  the  act  repealing  all  laws  repugnant  to 
the  treaty,  No.  33,  and  their  courts,  on  their  part,  changed 
their  rule  relative  to  interest  during  the  war,  which  the} 
have  uniformly  allowed  since  that  time.  The  circuit  court 
of  the  United  States,  at  their  sessions  at  in  1790,  de- 

termined in   like  manner  that  interest   should  be  allowed 


312  AMERICAN 

during  the  war.  So  that  on  the  whole  we  see  that,  in  one 
state,  interest  during  the  war  is  given  in  every  case,  in 
another  it  is  given  wherever  the  creditor,  or  any  agent  for 
him,  remained  in  the  country,  so  as  to  be  accessible  ;  in 
the  others,  it  is  left  to  the  courts  and  juries  to  decide 
according  to  their  discretion  and  the  circumstances  of  the 
case. 


TO    RECAPITULATE. 

15.  56*  I  have,  by  way  of  preliminary,  placed  out  of  the 
present  discussion,  all  acts  and  proceedings  prior  to 
the  treaty   of  peace,  considering  them  as   settled  by 
that  instrument,  and  that  the  then  state  of  things  was 
adopted  by  the  parties, 
With  such  alterations  only  as  that  instrument  provided. 
I  have  then  taken  up  the   subsequent  acts  and  proceedings, 
of  which   you  complain,  as  infractions,  distributing 
them  according  to  their  subjects,  to  wit: 
i.  Exile  and  confiscations, 
n.  Debts, 
in.  Interest. 

i.  Exile  and  confiscations.  After  premising,  that  these 
are  lawful  acts  of  war,  I  have  shown  that  the  5th  article 
was  recommendatory  only,  its  stipulations  being,  not  to 
restore  the  confiscations  and  exiles,  but  to  recommend  to 
the  state  legislatures  to  restore  them. 

That  this  word,  having  but  one  meaning,  establishes  the 
intent  of  the  parties  ;  and  moreover,  that  it  was  particu- 
larly explained  by  the  American  negotiators,  that  the 
legislatures  would  be  free  to  comply  with  the  recom- 
mendation or  not,  and  probably  would  not  comply. 

That  the  British  negotiators  so  understood  it : 

That  the  British  ministry  so  understood  it : 

And  the  members  of  both  houses  of  parliament,  as  well 
those  who  approved,  as  who  disapproved  the  article. 

I  have  shown,  that  Congress  did  recommend  earnestly  and 
bona  fide  : 

That  the  states  refused  or  complied,  in  a  greater  or  less  de- 
gree, according  to  circumstances,  but  more  of  them,  and 
in  a  greater  degree,  than  was  expected. 


STATE    PAPERS.  313 

And  that  compensation,  by  the  British  treasury,  to  British 
sufferers,  was  the  alternative  of  her  own  choice,  our 
negotiators  having  offered  to  do  that,  if  she  would 
compensate  such  losses  as  we  had  sustained  by  acts 
unauthorized  by  the  modern  and  moderate  principles 
of  war. 

ii.  Before  entering  on  the  subject  of  debts,  it  was  neces- 
sary 

1.  To  review  the  British  infractions,  and  refer  them  to 
their  exact  dates. 

To  show,  that  the  carrying  away  of  the  negroes  preceded 
the  6th  of  May,  1733. 

That  instead  of  evacuating  the  upper  posts  with  all  con- 
venient speed,  no  order  had  been  received  for  the  evacur 
ation,  August  13,  1783. 

None  had  been  received  May  10,  1784. 

None  had  been  received  July  13,  1784. 

From  whence  I  conclude  none  had  ever  been  given, 

And  thence,  that  none  had  ever  been  intended. 

In  the  latter  case,  this  infraction  would  date  from  the  sig- 
nature of  the  treaty.  But  founding  it  on  the  not  giving 
the  order  roith  convenient  speed,  it  dates  from  April,  1783, 
when  the  order  for  evacuating  New  York  was  given,  as 
there  can  be  no  reason  why  it  should  have  been  incon- 
venient to  give  this  order  as  early. 

The  infraction  then,  respecting  the  upper  posts,  was  before 
the  treaty  was  known  in  America. 

That  respecting  the  negroes,  was  as  soon  as  it  was  known. 

I  have  observed  that  these  infractions  were  highly  in- 
jurious. 

The  first,  by  depriving  us  of  our  fur  trade,  profitable  in. 
itself,  and  valuable  as  a  means  of  remittance  for  paying 
the  debts  ;  by  intercepting  our  friendly  aad  neighbour- 
ly intercourse  with  the  Indian  nations,  ami  consequently 
keeping  us  in  constant,  expensive,  and  barbarous  war 
with  them. 

The  second,  by  withdrawing  the  cultivators  of  the  soil,  the 

produce  of  which  was  to  pay  the  debts. 
?.  After  fixing  the  date  of  the  British  infractions,  I  have, 
shown, 

vol.   u  40 


,314  AMERICAN 

That  as  they  preceded,  so  they  produced,  the  acts  on  our 
part  complained  of,  as  obstacles  to  the  recovery  of  the 
debts : 

That  when  one  party  breaks  any  stipulation  of  a  treaty, 
the  other  is  free  to  break  it  also,  either  in  the  whole,  or 
in  equivalent  parts,  at  its  pleasure. 

That  Congress  having  made  no  elections, 

Four  of  the  states  assumed,  separately,  to  modify  the  re- 
covery of  debts. 

1.  By  indulging  their  citizens  with  longer  and  more  prac- 
ticable times  of  payment. 

2.  By  liberating  their  bodies  from  execution,  on  their  de- 
livering property  to  the  creditor,  to  the  full  amount  of 
his  demand,  on  a  fair  appraisement,  as  practised  always 
under  the  elegit. 

3.  By  admitting,  during  the  first  moments  of  the  non-exis- 
tence of  coin  among  us,  a  discharge  of  executions,  by 
payment  in  paper  money. 

That  the  first  of  these  acts  of  retaliation,  was  in  December 
1783,  nine  months  after  the  infractions  committed  by  the 
other  party. 

And  all  of  them  were  so  moderate,  of  so  short  duration,,, 
the  result  of  such  necessities,  and  so  produced,  that  we 
might,  with  confidence,  have  referred  them  alterius 
principis,  qua  boni  viri,  arbitrio. 

3.  That  induced,  at  length,  by  assurances  from  the  British 
court,  that  they  would  concur  in  a  fulfilment  of  the 
treaty, 

Congress,  in  1787,  declared  to  the  states,  its  will,  that- 
even  the  appearance  of  obstacle,  raised  by  their  acts, 
should  no  longer  continue, 

And  required  a  formal  repeal  of  every  act  of  that  nature  : 
and  to  avoid  question,  required  it  as  well  from  those 
who  had  not,  as  from  those  who  had  passed  such  acts :. 
which  was  complied  with  so  fully,  that  no  such  law.- 
remained  in  any  state  of  the  Union,  except  one  ; 

And  even  that  one  could  not  have  forborne,  if  any  symp- 
tom of  compliance  from  the  opposite  parly,  had  rendered 
a  reiterated  requisition  from  Congress  important. 

4.  That,  indeed,  the  requiring  such  a  repeal,  was  only  to 
take  away  pretext : 

For  that  it  was,  at  all  limes,  perfectly  understood,  tlnn 
treaties  controlled  the  laws  of  the  states. 


STATE    PAPERS.  816 

The  confederation  having  made  them  obligatory  on  the 

whole ; 
Congress  having  so  declared  and  demonstrated  them  : 
The  legislatures  and  executives  of  most  of   the  states. 

having  admitted  it : 
And  the  judiciaries,  both  of  the  separate  and  general 

governments,  so  deciding. 
That  the  courts  are  open  every  where,  upon  this  principle  : 
That  the  British  creditors  have,  for  some  time,  been  in  the 

habit  and  course  of  recovering  their  debts  at  law. 
That  the  class  of  separate  and  unsettled  debts  contracted 

before  the  war,  forms  now  but  a  small  proportion  of  the 

original  amount. 
That  the  integrity  and  independence  of  the   courts  of 

justice,  in  the  United  States,  are  liable  to  no  reproach. 
Nor  have  popular  tumults  furnished  any  ground  for  sug- 
gesting, that  either  courts  or  creditors  are  overawed  by 

them  in  their  proceedings. 


m.  Proceeding  to  the  article  of  interest,  I  have  observed, 

That  the  decision,  whether  it  shall  or  shall  not  be  allowed 
during  the  war,  rests,  by  our  constitution,  with  the  courts 
altogether. 

That  if  these  have  generally  decided  against  the  allow- 
ance, the  reasons  of  their  decision  appear  so  weighty, 
as  to  clear  them  from  the  charge  of  that  palpable  degree 
of  wrong,  which  may  authorize  national  complaint,  or 
give  a  right  of  refusing  execution  of  the  treaty,  by  way 
of  reprisal. 

To  vindicate  them,  1  have  stated  shortly,  some  of  the  rea- 
sons which  support  their  opinion. 

That  interest  during  the  war,  was  not  expressly  given  by 
the  treaty  : 

That  the  revival  of  debts  did  not  ex  vitermini  give  interest 
on  them : 

That  interest  is  not  a  part  of  the  debt,  but  damages  for  the 
detention  of  the  debt : 

That  it  is  disallowed  habitually  in  most  countries ; 

Yet  has  never  been  deemed  a  ground  of  national  complaint 
against  them : 

That  in  England  also,  it  was  formerly  unlawful  in  ail 
cases : 


3"16  AMERICAN 

That  at  this  day  it' is  denied  there,  in  such  a  variety  of 
instances,  as  to  protect  from  it  a  great  part  of  the  trans- 
actions of  life  : 

That,  in  fact,  there  is  not  a  single  title  to  debt,  so  formal 
and  sacred,  as  to  give  a  right  to  interest,  under  all  pos- 
sible circumstances,  either  there  or  here  : 

That  of  these  circumstances,  judges  and  jurors  are  to 
decide,  in  their  discretion,  and  are  accordingly  in  the 
habit  of  augmenting,  diminishing,  or  refusing  interest,  in 
every  case,  according  to  their  discretion: 

That  the  circumstances  against  the  allowance,  are  unques- 
tionably of  the  strongest  in  our  case  : 

That  a  great  national  calamity  rendering  the  lands  unpro- 
ductive, which  were  to  pay  the  interest,  has  been  ad- 
judged a  sufficient  cause,  of  itself,  to  suspend  interest : 

That  were  both  plaintiff'  and  defendant  equally  innocent 
of  that  cause, 

The  question,  Who  should  avoid  loss  ?  would  be  in  favour 
of  the  party  in  possession  : 

And  a  fortiori  in  his  favour,  where  the  calamity  was  pro- 
duced by  the  act  of  the  demandant : 

That,  moreover,  the  laws  of  the  party  creditor  had  cut  of 
the  personal  access  of  his  debtor  : 

And  the  transportation  of  his  'produce  or  money  to  the 
country  of  the  creditor,  or  to  any  other  for  him  : 

And  where  the  creditor  prevents  payment  both  of  princi- 
pal and  interest  the  latter,  at  least,  is  justly  extinguished  : 

That  the  departure  of  the  creditor,  leaving  no  agent  in  the 
countrv  of  the  debtor,  would  have  stopped  interest  of 
itself:' 

The  debtor  not  being  obliged  to  go  out  of  the  country  to 
seek  him  : 

That  the  British  minister  was  heretofore  sensible  of  the 
weight  of  the  objections  to  the  claim  of  interest : 

That  the  declarations  of  Congress  and  our  plenipoten- 
tiaries, previous  to  the  definitive  treaty,  and  the  silence 
of  that  instrument,  afford  proof  that  interest  was  not 
intended,  on  our  part,  nor  insisted  on,  on  the  other: 

That  were  we  to  admit  interest  on  money,  to  equal  favour 
with  profits  on  land,  arrears  of  profits  would  not  be 
demandable  in  the  present  case,  nor  consequently  arrears 
of  interest :  _ 


STATE    PAPERS.  317 

And,  on  the  whole,  without  undertaking  to  say  what  the 
law  is,  which  is  not  the  province  of  the  Executive, 

Wc  say,  that  the  reasons  of  those  judges,  who  deny  inte- 
rest during  the  war,  appear  sufficiently  cogent. 

To  account  for  their  opinion  on  honest  principles  : 

To  exempt  it  from  the  charge  of  palpable  and  flagrant 
wrong,  in  re  minime  dubia  : 

And  to  take  away  all  pretence  of  withholding  execution 
of  the  treaty,  by  way  of  reprisal  for  (hat  cause. 


S.  57.  I  have  now,  sir,  gone  through  the  several  acts 
and  proceedings  enumerated  in  your  appendix,  as  infrac- 
tions of  the  treaty,  omitting,  1  believe,  not  a  single  one,  as 
may  be  seen  by  a  table  hereto  subjoined,  wherein  every 
one  of  them,  as  marked  and  numbered  in  your  appendix, 
is  referred  to  the  section  of  this  letter,  in  which  it  is 
brought  into  view,  and  the  result  has  been,  as  you  have 
.seen, 

1.  That  there  was  no  absolute  stipulation  to  restore 
antecedent  confiscations,  and  that  none  subsequent  took 
place. 

2.  That  the  recovery  of  the  debts  was  obstructed 
validly  in  none  of  our  states,  invalidly  only  in  a  few,  and 
that  not  till  long  after  the  infractions  committed  on  the 
other  side  ;  and 

3.  That  the  decision?  of  courts  and  juries  against  the 
claims  of  interest,  arc  too  probably  founded,  to  give  cause 
for  questioning  their  integrity.  These  things  being  evi- 
dent, I  cannot  but  flatter  myself,  after  the  assurances 
received  from  you  of  his  Britannick  Majesty's  desire  to 
remove  every  occasion  of  misunderstanding  from  between 
us,  that  an  end  will  now  be  put  to  the  disquieting  situation 
of  the  two  countries,  by  as  complete  execution  of  the 
treaty  as  eircumstances  render  practicable  at  this  late  day  : 
Thai  it  is  to  be  done  so  late,  has  been  the  source  of  heavy 
losses,  of  blood  and  treasure  to  the  United  States.  Still 
our  desire  of  friendly  accommodation  is,  and-  has  been 
constant.  No  '  lawful  impediment  has  been  opposed  to 
the  prosecution  of  the  just  rights  of  your  citizens.'  And 
if  any  instances  of  unlawful  impediment  have  existed  in 
any  of  the  inferior  tribunals,  they  would,  like  other  unlaw- 
ful proceedings,  have  been  overruled  on  an  appeal  to  the 


'3\B 


AMERICAN 


higher  courts.  If  not  overruled  there,  a  complaint  to  the 
government  would  have  been  regular,  and  their  interference 
probably  effectual.  If  your  citizens  would  not  prosecute 
their  rights,  it  was  impossible  they  should  recover  them, 
©r  be  denied  recovery  ;  and  till  a  denial  of  right  through 
all  the  tribunals,  there  is  no  ground  for  complaint,  much 
less  for  a  refusal  to  comply  with  solemn  stipulations,  the 
execution  of  which  is  too  important  to  us  ever  to  be  dis- 
pensed with.  These  difficulties  being  removed  from 
between  the  two  nations,  I  am  persuaded  the  interests  of 
both  will  be  found  in  the  strictest  friendship.  The  con- 
siderations which  lead  to  it  are  two  numerous  and  forcible 
to  fail  of  their  effect ;  and  that  they  may  be  permitted  to 
have  their  full  effect,  no  one  wishes  more  sincerely,  than 
he,  who  has  the  honour  to  be,  &c. 

TH : JEFFERSON. 
Philadelphia,  May  29.  1792. 


A.  l. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 


?2. 

A.20. 

f2. 

2. 

21. 

2. 

2. 

22. 

2. 

2. 

23. 

2. 

19. 

24. 

2. 

2. 

25. 

Ci 

2. 

26. 

2. 

2. 

27. 

2. 

2. 

20. 

2. 

2. 

29. 

2. 

2. 

30. 

2.10. 

2. 

31. 

11. 

2. 

32. 

2. 

2. 

33. 

17. 

2. 

34. 

2. 

2. 

B.  1. 

21. 

0 

2. 

12. 

2. 

3. 

12. 

cy 

4. 

10. 

B. 


9. 

10. 

C.  1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 


ill. 
11. 
10. 
10. 
14. 
14. 
12. 
21. 
10. 
18. 
13. 
13. 
12. 

11. 

2. 

20. 
20. 

20. 


C.14. 

$20. 

15. 

2.16. 

16. 

2.41. 

17. 

2. 

18. 

2. 

19. 

41. 

D.  1. 

2. 

2. 

2. 

3. 

2. 

4. 

2, 

>   5. 

30. 

6. 

2. 

7. 

31. 

8. 

55. 

9. 

5:~>. 

10. 

o 

11. 

12.14. 

12. 

32. 

13. 

.'33. 

D.14.  {31> 

15.  34. 

16.  2.3S 

17.  33. 

18.  33. 

19.  34. 

20.  31. 

21.  31. 

22.  31. 
E.  1.  55. 

2.  55. 

3.  55. 
4. 


10.44, 

5.  2. 

6.  30. 

7.  30. 

8.  41. 

9.  42. 


APPENDIX,  NO.    1. 

An  act  for  the  better  securing  and  preserving  his  majes- 
ty's dockyards,  magazines,  ships,  ammunition  and  stores. 
See  i.  Journal  Congress,  68,  "  persons  charged  with  com- 
mitting any  offence  therein  described,  in  any  place  out  of 
the  realm,  may   be  (vied  any  where  within  the   realm. 


STATE    PAPMftj*.  319 

whereby  inhabitants  of  these  colonies,  may  in  sundry  cases 
by  that  statute  made  capital,  be  deprived  of  a  trial  by 
peers  of  the  vicinage." 

An  act  to  discontinue,  in  such  manner,  and  for  such 
time  as  are  therein  mentioned,  the  landing  and  discharging, 
lading  or  shipping,  of  goods,  wares  and  merchandise,  at 
the  town,  and  within  the  harbour  of  Boston,  in  the  pro- 
vince of  Massachusetts  Bay,  in  North  America* 

An  act  for  the  impartial  administration  of  justice  in  the 
cases  of  persons  questioned  for  any  acts  done  by  them  in 
the  execution  of  the  law,  or  for  the  suppression  of  riot* 
and  tumults  in  the  province  of  the  Massachusetts  Bay,  in 
New  England. 

An  act  to  restrain  the  trade  and  commerce  of  the  pro- 
vinces of  Massachusetts  Bay  and  New  Hampshire,  and 
colonies  of  Connecticut,  and  Rhode  Island  and  Providence 
Plantations,  in  North  America,  to  great  Britain,  Ireland, 
and  the  British  islands  in  the  West  Indies,  and  to  pro- 
hibit such  provinces  and  colonies  from  carrying  on  any 
fishery  on  the  banks  of  Newfoundland,  or  other  places 
therein  mentioned,  under  certain  conditions  and  limitations. 

An  act  to  amend  and  render  more  effectual  in  his 
majesty's  dominions  in  America,  an  act  passed  in  the 
present  session  of  parliament,  entitled  an  act  for  punishing 
mutiny  and  desertion,  and  for  the  better  payment  of  the 
army,  and  their  quarters,  and  for  extending  the  provisions 
of  the  said  act  to  his  majesty's  marine  forces  in  America. 

An  act  to  prohibit  all  trade  and  intercourse  with  the 
colonies  of  New  Hampshire,  Massachusetts  Bay,  Rhode- 
Island,  Connecticut,  New  York,  New  Jersey,  Pennsylva- 
nia, the  three  lower  counties  on  Delaware,  Maryland, 
Virginia,  North  Carolina,  South  Carolina  and  Georgia, 
during  the  continuance  of  (he  present  rebellion,  with  the 
said  colonies  respectively;  for  repealing  an  act  made  iir 
Ac  14th  year  of  the  reign  of  his  present  majesty,  to  dis- 
continue the  landing  and  discharging,  lading  or  shipping 
of  goods,  wares  and  merchandise,  at  the  town,  and  within 
the  harbour  of  Boston,  in  the  province  of  Massachusetts 
Bay,  and  also  two  acts  made  in  the  hist  session  of  parlia- 
ment for  restraining  the  trade  and  commerce  of  the  colo 
nies,  in  the  said  acts  respectively  mentioned,  and  to  enable 
any  person   or   persons    appointed,    ld<]    authorized    by. 


,320  AMERICAN 

his  majesty  to  grant  pardons,  to  issue  proclamations  in 
the  eases  and  for  the  purposes  therein  mentioned. 

An  act  for  enabling  the  commissioners  for  executing  the 
office  of  lord  high  admiral  of  Great  Britain,  to  grant  com- 
missions to  the  commanders  of  private  ships  and  vessels 
employed  in  trade,  or  retained  in  his  majesty's  service  to 
take  and  make  prize  of  all  such  ships  and  vessels,  and 
their  cargoes  as  are  therein  mentioned,  for  a  limited  time. 

An  act  to  empower  his  majesty  to  secure  and  detain 
persons  charged  with,  or  suspected  of  the  crime  of  nigh 
treason,  committed  in  any  of  his  majesty's  colonies  or 
plantations  in  America,  or  on  the  high  seas,  or  the  crime 
of  piracy. 


No.  2., 
16  G.  in.  C.  5.  §  4. 

And  be  it  farther  enacted  by  the  authority  aforesaid, 
That  it  shall  and  may  be  lawful  to  and  for  the  said  fiag 
officers,  captains  and  commanders  respectively,  to  cause 
to  be  taken  or  put  on  board  any  of  his  majesty's  ships  or 
vessels  of  war,  or  on  board  any  other  ships  or  vessels,  all 
and  every  the  masters,  crews  and  other  persons,  who  shall 
be  found  on  board  such  ship  and  ships  as  shall  be  seized 
and  taken  as  prize  as  aforesaid,  and  also  to  enter  the 
names  of  such  of  the  said  mariners  and  crews,  upon  the 
book  or  books  of  his  majesty's  said  ships  or  vessels,  as 
they  the  said  flag  officers,  captains  and  commanders,  shall 
respectively  think  fit ;  from  the  time  and  times  of  which 
said  entries  respectively,  the  said  mariners  and  crews  shall 
be  considered,  and  they  are  hereby  declared  to  belong  to, 
and  be  as  much  in  the  service  of  his  majesty,  to  all  intents 
and  purposes,  as  if  the  said  mariners  and  crews  had 
entered  themselves  voluntarily  to  serve  on  board  !ifc> 
majesty's  said  ships  and  vessels  respectively,  and  also* 
that  it  shall  and  may  be  lawful  to  and  for  the  said  fiag  offi- 
cers, captains  and  commanders  respectively,  to  detain,  or 
cause  to  be  detained  and  kept,  the  masters  and  other  per- 
sons, and  also  such  others  of  the  mariners  and  crews  of 
the  said  prize  ships  as  shall  not  be  entered  upon  the  b  >oks 
of  his  majesty's  ships  or  vessels  of  war  as  aforesaid,  \r\ 
and  on  board  any  ship  or  ships,  vessel  or  vessels  whatscr- 


STATE   PAPERS.  321 

ever,  until  the  arrival  of  such  last  mentioned  ships  or 
Vessels  in  some  port  of  Great  Britain  or  Ireland,  or  in 
any  port  of  America,  not  in  rebellion,  and  upon  the  arri- 
val of  those  ships  or  vessels  in  any  such  port  the  com- 
manders thereof  are  hereby  respectively  authorized  and 
required  immediately  to  set  the  said  last  mentioned  mari- 
ners and  crews,  and  also  the  said  masters  and  other  per- 
sons, at  liberty  on  shore  there. 


No.  3. 

New  York,  March  19,  1783. 

Sir, — By  the  Halifax  packet,  we  have  received  a 
despatch,  from  Mr.  Townshend,  one  of  his  majesty's 
principal  secretaries  of  state,  dated  the  31st  of  December, 
1782,  enclosing  a  treaty  signed  at  Paris,  on  the  30th  of 
November,  which  we  are  directed  to  transmit  to  Congress. 
— Having  been  thrown,  sir,  into  the  course  of  making  all 
communications  to  Congress  through  your  excellency,  we 
know  not  how,  with  more  propriety,  to  make  the  commu- 
nication required,  than  through  the  accustomed  channel ; 
we  therefore  enclose  in  the  present  letter  this  instrument, 
and  are. to  request  of  your  excellency  that  you  will  in  the 
most  speedy  manner  forward  the  same  to  Congress. 

We  arc,  sir,  &c.  GUY  CARLETON. 

ROBT.  DIGBY. 
His  Excellency  Gen.  Washington. 


No.  4. 

Extract  of  a  Letter  from  Sir  Guy  Carleton  to  Robert  R,  Liv- 
ingston, Esq.  dated  New  York,  March  2G,  1783. 

Sir, — I  have  received  your  letter  of  the  24th  instant, 
enclosing  a  resolution  of  Congress  of  the  same  date,  taken. 
in  consequence  of  the  arrival  of  the  cutler  Triumphe, 
commanded  by  lieutenant  Duquesnc,  with  orders  of  the 
lOth  of  February  last,  given  at  Cadiz,  by  vice  admiral 
D'Estaing,  for  him  to  put  to  sea,  and  cruise  on  such  sta- 
tions as  he  shall  judge  most  likely  to  meet  with  ships  of  his 
nation,  and  inform  them  of  the  happy  reconciliation  of  the 
belligerent  powers,  and  to  order  all  their  ships  of  war  te 

VOF,.    I.  11 


32,2 


AMERICAN 


cease  hostilities  against  those  of  Great  Britain,  the  pre- 
liminary articles  of  a  general  peace  being  signed  the  20th 
of  January:  you  thereupon  are  pleased  to  express  your 
expectation  that  I  would  think  the  information  thus  con- 
veyed, "  sufficiently  authentick  to  justify  my  taking  imme- 
diate measures  to  stop  the  further  effusion  of  blood." 

To  adopt  a  measure  of  this  importance,  it  is  necessary 
I  should  receive  orders  from  home,  which  I  may  reasona- 
bly expect  every  hour,  as  a  cruiser  sent  out  on  other  pur- 
poses, is  already  arrived  at  Philadelphia,  and  I  assure 
you,  sir,  I  only  wait  the  official  certainty  of  this  great. 
event,  to  assume  the  language,  and  the  spirit  too,  of  the 
most  perfect  conciliation  and  peace. 


No.  5. 

Copy  of  a  Letter  from  Admiral  Digby  to  Robert  R.  Living- 
ston, Esq.     New  York,  March  27,  1783. 

Sir, — I  have  received  your  letter  enclosing  me  the  re- 
solve of  Congress,  with  a  copy  of  a  letter  to  his  excellency 
.Sir  Guy  Carleton  ;  but  as  I  have  as  yet  received  no  offi- 
cial accounts  from  England,  I  must  wait  till  you  on  your 
."»ide  relieve  our  prisoners,  before  I  give  that  general  relief 
to  yours  I  so  much  wish.  There  can  be  no  reason  for  de- 
taining our  prisoners  one  moment,  as  Congress  must  sup- 
pose the  peace  signed.  I  shall  take  every  precaution  in 
my  power,  consistent  with  my  duty,  to  stop  any  further 
mischief  upon  the  seas,  but  should  recommend  the  prevent- 
ing any  vessels  sailing,  as  I  have  not  yet  received  sufficient 
authority  to  enable  me  to  withdraw  my  cruisers. 
I  am,  &c. 

ROBT.  DIGBY. 


Appendix. 

B.  10. 

1G. 


bef. 


1775 


1776 


May,  June 
October. 


Jan."  July, " 


Sept. 


No.  G. 

Mar. j Act  compelling  creditors  to  take  the  debt- 
or's land  at  an  appraised  value. 

R.  I.  Paper  money  made  a  legal  tender. 

R.  I.|Act  to  confiscate  and  sequester  estates, 
and  banish  persons,  of  certain  descrip 
tions. 

R.  I.  Paper  money  made  a  legal  tender. 


V 
STATE    PAPER?. 


323 


Appa  > 
4.  A. 


10. 

D.  16. 

A.  20. 


26. 
©.  1. 

A.  2. 

A.  4. 
15. 

14, 

11. 

1. 

12. 

3. 

27, 

4. 
21. 
22. 
32. 

C>. 


1777 


November. 


November. 


1778 


1778 


1779 


Feb.  Marcli, 
May,  June,    ' 
July,  Aug.    | 
October. 
Oct.  4. 

Feb. 
October. 


Feb.  Oct. 
February  5. 

March  6. 

April  18. 

November  28. 
December  11. 


January. 

Feb.  May, 
\ug.  Sept. 
Oct. 
May. 

May. 

May. 

October  22. 


R.I. 

N.J. 

R  I. 

Virg. 

N.  C. 
N.  C. 

Mass. 

R.  I. 
Del. 

Pen. 

N.J. 

N.  H 
N.J. 

Mass. 

N.C. 

R.  I. 

Virg. 
Virg. 
Virg. 
N.  Y. 


Act  to  confiscate,  sequester,  and  banish  as 
before,  Oct.  1775 

Act  to  punish  traitors  and  disaffected  per* 
sons. 

Paper  money  made  a  legal  tender. 

Act  for  sequestering  British  property,  ena- 
bling those  indebted  to  British  subjects 
to  pay  off  such  debts. 

Act  for  confiscating  the  property  of  all  such 
persons  as  are  inimical  to  the  United 
States. 

Act  for  establishing  courts  of  law,  and  for 
regulating  the  proceedings  therein,  Sect. 
101. 

Vet  to  prevent  return  of  certain  persons 
therein  named,  and  others  who  had  left 
that  state  or  either  of  the  United  States, 
and  joined  the  enemies  thereof. 

Act  to  confiscate,  sequester  and  banish  as 
1775,  October. 

Act  declaring  estates  of  certain  persons 
forfeited,  and  themselves  incapable  of 
being  elected  to  any  office. 

Act  for  the  attainder  of  divers  traitors,  and 
for  vesting  their  estates  in  the  common- 
wealth, if  they  render  not  themselves  by 
a  certain  day. 

Act  for  taking  charge  of  and  leasing  the 
real  estates,  and  for  forfeiting  personal 
estates  of  certain  fugitives  and  offenders. 

Act  to  confiscate  estates  of  sundry  persons 
therein  named. 

Act  for  forfeiting  to,  nnd  vesting  in  the 
state,  the  real  estates  of  certain  fugitive 
offenders. 

Act  to  confiscate  the  estates  of  certain  no- 
torious conspirators  against  the  govern- 
ment and  liberties  of  the  inhabitants  of 
tlx1  late  province,  now  stale  of  Massa- 
chusetts Bay. 

Act  to  carry  into  effect  the  act  of  Novem- 
ber, 1777,  for  confiscating,  &c. 

Act  to  confiscate,  sequester,  and  banish  as 
before,  in  October,  1775. 

Act  concerning  escheats  and  forfeitures 
from  British  subjects. 

Act  to  amend  the  act  concerning  escheats, 
4c. 

Act  for  the  removal  of  the  seat  of  govern- 
ment. 

Act  lor  the  forfeiture  and  sales  of  the  es- 
tates of  persons  who  have  adhered  to  the 
enemies  of  the  s.tale. 


324 


AMERICAN 


Append. 
23. 


A.  7. 
8. 

4. 
9. 

16. 

17. 

18. 

A.  19. 

4. 

24. 

D.  2. 


.28.") 

.10.5 


A.28 
C 


D.  6. 
A.  30. 

25. 
D.  3. 

A.  34. 
4. 


!  October. 

i 

October. 


30  March  10. 
June  15. 

July,  Sept.  Oct, 
October  7. 

October. 

October. 
October. 
1780  October. 


1782 


April. 
May  4. 

May. 
May. 


Tag. 

Virg. 

N.  Y. 

N.Y. 

R.I. 

N.Y. 

Mar. 

Mar. 
Mar. 
Mar. 


1781  Jan.  May.  R.  I. 

I 
November.        jVir. 

November.        iVir. 


February  26.     S.C 


Mar. 
Geo. 

Vir. 
Vir. 

I  Mar. 


June  15. 

June,  Oct.  Nov,  I R.  I. 


Act  to  amend  the  act"  concerning  escheat* 

and  forfeitures. 
Act  for  the  protection  and  encouragement 

of  the  commerce  of  nations  acknowledg- 
ing the  independence  of  the  United  States 

of  America. 
Act  for  the  immediate  sale  of  part  of  the 

confiscated  estates. 
Act  approving  the  act  of  Congress  relative 

to  finance  of  the  United  States,  and  mak- 
ing provision  for  redeemir%  that  state's 

proportion  of  bills  of  credit. 
Act  to  confiscate,  sequester,  and  banish,  as 

in  October,  1775. 
Act  to   procure  a  sum  of  specie   for   the 

purpose  of  redeeming  the  bills  emitted, 

&c. 
Act  for  calling  out  of  circulation  the  quota 

of  the  state  of  the  bills  of  credit  issued  by 

Congress.     Sect.  11. 
Act  to  seize,  confiscate  and  appropriate  all 

British  property  within  the  state. 
Act  to  appoint  commissioners  to  preserve 

confiscated  British  property. 
Act  to  procure  a  loan  and  for  the  sale  of 

escheat  lands  and  the  confiscated  British 

property  therein  mentioned. 
Act  to  confiscate,  sequester,  and  banish,  as 

in  October— 75. 
Act  to  adjust  and  regulate  pay  and  account 

of  officers  of  Virginia  line. 
Act  for  directing  the  mode  of  adjusting  and 

settling  the  payment  of  certain  debts  and 

contracts. 

Act  for  disposing  of  certain  estates,  and" 
banishing   certain  persons  therein  men- 
tioned. 

Act  to  prevent  suits  on  certain  debts,  for 
a  limited  time. 

Act  for  inflicting  penalty  on,  and  confiscat- 
ing the  estates  of,  such  persons  as  are 
therein  declared  guilty  of  treason,  and 
for  other  purposes  therein  mentioned. 

Act  for  providing  more  effectual  funds  for 
redemption  of  certificates. 

Act  to  repeal  so  much  of  former  act,  as 
suspends  the  issuing  executions  upon  cer- 
tain judgments  until  Dec.  1783. 

Act  for  the  benefit  of  the  children  of  major 
Andrew  Leitch. 

Act  to  confiscate,  sequester,  and  batiisl^ 
as  in  Oct.  1775. 


STATE  PAPERS. 


325 


Append. 
13. 

D.  4. 


G.  15- 


17. 


A.  4. 


29. 
C.  16. 

10. 


October  3. 
October. 


1783 


January  31 . 


February  17 


February, 
May,  June, ' 
October. 


March  16. 
March  17. 

March  21. 


N.J. 
Vir. 


Pen. 


Geo. 


K.  I. 


S.  C. 
N.  Y 

X.  Y. 


Act  supplemental  to  the  act  of  Oct.  4, 1776*, 
to  punish  traitors  and  disaffected  persons. 

Act  to  amend  an  act,  entitled,  "  An  act  to 
repeal  so  much  of  a  former  act  as  sus- 
pends the  issuing  executions  on  certain 
judgments  till  December,  1783." 

November  ^0,  the  provisional  articles  be. 
tween  the  United  States  and  Great  Bri- 
tain are  signed  at  Paris. 

Jan.  20,  preliminary  articles  between  France 
and  Great  Britain  are  signed  at  Paris, 
also  epochs  fixed  for  oessati  jn. 

Act  to  attaint  H.  Gordon,  unless  he  surren- 
der himself  before  a  given  day  (July  24, 
1783,)  and  the  seizure  of  his  estates  by 
the  agent  of  forfeited  estates  confirmed. 

Act  to  point  out  the  mode  for  the  recovery 
of  property  unlawfully  acquired  under 
the  British  usurpation,  and  withheld 
from  the  right  owners,  and  for  other 
purposes. 

Act  to  confiscate,  sequester,  and  banish,  a9 
in  Oct.  1775 

[This  of  Oct.  1783,  is  the  same  probably 
as  C.  14.] 

March  15,  the  provisional  articles  are  in 
Oswald's  paper,  Philadelphia. 

To  amend  the  act  of  Feb.  26,  1782. 

Act  for  granting  a  more  effectual  relief  ia 
cases  of  certain  trespasses. 

Act  for  supending  the  prosecutions  therein 
mentioned. 


No.  7. 


Paris,  JVbr.  4,  1782. 


Gentlemen, — You  may  remember,  that  from  the  very- 
first  beginning  of  our  negotiation  for  settling  a  peace  be- 
tween Great  Britain  and  America,  I  insisted  that  you  should 
positively  stipulate  for  the  restoration  of  the  property  of 
all  those  persons  under  the  denomination  of  the  loyalists  or 
refugees,  who  have  taken  part  with  Great  Britain  in  the 
present  war  ;  or  if  the  property  had  been  resold,  and  pass- 
( (1  into  such  a  variety  of  hands  as  to  render  the  restoration 
impracticable  (which  you  asserted  to  be  the  case  in  many 
instances)  you  should  stipulate  for  a  compensation  or  in- 
demnification to  those  persons  adequate  to  their  losses. 
To  these  propositions  you  said  you  could  not  accede.  Mr. 
Strachev,  since  his  arrival  at  Pari*,  has  most  strenuously 


326  AMEBICAN 

joined  me  in  insisting  upon  the  said  restitution,  compen- 
sation or  indemnification,  and  in  laying  before  you  every 
argument  in  favour  of  those  demands,  founded  upon  na- 
tional honour,  and  upon  the  true  principles  of  justice. 

These  demands  you  must  have  understood  to  extend 
not  only  to  all  persons  of  the  above  mentioned  description 
who  have  fled  to  Europe,  but  likewise  to  all  those  who 
may  be  now  in  any  parts  of  North  America,  dwelling  under 
the  protection  of  his  majesty's  arms,  or  otherwise. 

We  have  also  insisted  upon  a  mutual  stipulation  for  a 
general  amnesty  on  both  sides,  comprehending  thereby  an 
enlargement  of  all  persons  who  on  account  of  offences 
committed,  or  supposed  to  be  committed,  since  the  com- 
mencement of  hostilities,  may  be  now  in  confinement,  and 
for  an  immediate  repossession  of  their  properties  and 
peaceable  enjoyment  thereof  under  the  government  of  the 
United  States.  To  this  you  have  not  hitherto  given  a 
particular  or  direct  answer. 

It  is  however  incumbent  upon  me,  as  commissioner  of 
the  king  of  Great  Britain,  to  repeat  those  several  demands, 
and  without  going  over  those  arguments  upon  paper  which 
we  have  so  often  urged  in  conversation,  to  press  your 
immediate  attention  to  these  subjects,  and  to  urge  you  to 
enter  into  proper  stipulations  for  the  restitution,  com- 
pensation, and  amnesty  above  mentioned,  before  we  pro- 
teed  further  in  this  negotiation. 

I  have  the  honour  to  be.  <kc. 

RICHARD  OSWALD. 

To  J.  Adams,  B.  Franklin,  and  J.  Jay,  Esqs.  Com- 
missioners from  the  thirteen  United  States  of 
America,  for  treating  of  peace  hetween  the  said 
States  and  the  king  of  Great  Britain. 


No.   3.  1782. 

Sir, — In  answer  to  the  letter  you  did  us  the  honour  to 
write  on  the  4th  instant,  we  beg  leave  to  repeat  what  we 
often  said  in  conversation,  viz.  that  the  restoration  of  such 
of  the  estates  of  refugees  as  have  been  confiscated  is  im- 
practicable, because  they  were  confiscated  by  laws  oi 
particular  states,  and  in  many  instances  have  passed,  by 
legal  titles,  through  several  hands.  Besides,  sir,  as  this  is 
a  matter  evidently  appertaining  to  the  internal  polity  of 


STATE   PAPERS.  *35?< 

the  separate  states,  the  Congress,  by  the  nature  of  our 
constitution,  have  no  authority  to  interfere  with  it. 

As  to  your  demand  of  compensation  to  those  persons, 
we  forbear  enumerating  our  reasons  for  thinking  it  ill 
founded:  In  the  moment  of  conciliatory  overtures  it  would 
not.be  proper  to  call  certain  scenes  into  view,  over  which 
a  variety  of  considerations  should  induce  both  parties  at 
present  to  draw  a  veil.  Permit  us,  therefore,  only  to  re- 
peat, that  we  cannot  stipulate  for  such  compensation, 
unless  on  your  part  it  be  agreed  to  make  retribution  to 
our  citizens  for  the  heavy  losses  they  have  sustained  by 
the  unnecessary  destruction  of  private  property. 

We  have  already  agreed  to  an  amnesty  more  extensive 
than  justice  required,  and  full  as  extensive  as  humanity 
could  demand  :  We  can  therefore  only  repeat,  that  it  can- 
not be  extended  farther.  We  should  be  sorry  if  the  ab- 
solute impossibility  of  our  complying  further  with  your 
propositions  should  induce  Great  Britain  to  continue  the 
war  for  the  sake  of  those  who  caused  and  prolonged  it : 
but  if  that  should  be  the  case,  we  hope  that  the  utmost 
latitude  will  not  be  again  given  to  its  rigours. 

Whatever  may  be  the  issue  of  this  negotiation,  be  assur- 
ed, sir,  that  we  shall  always  acknowledge  the  liberal, 
manly,  and  candid  manner  in  which  you  have  conducted 
it,  and  that  we  shall  remain  with  the  warmest  sentiments 
of  esteem  and  regard,  sir,  yours,  &c. 

JOHN  ADAMS, 
B.  FRANKLIN, 
JOHN  JAY. 

To  Richard  Oswald,  Esq.  his  Britannick  Majesty's 
Commissioner  for  treating  of  peace  with  the  Com- 
missioners of  the  United  States  of  America. 


No.  9. 

Extract  from  Mr.  Adamses  Journal  respecting  Peace. 
moxdav,  xov.   11,   1782. 

Mr.  Whilcfoord,  the  secretary  of  Mr.  Oswald,  came  a 
second  lime.  We  fell  soon  into  politicks.  I  told  him  the 
French  minister  at  Philadelphia  had  made  some  represen- 
tations to  Congress  in  favour  of  a  compensation  to  the 


528  AMERICAS 

royalists,  and  the  Count  de  Vergennes  no  longer  than  yes- 
terday said  much  to  me  in  their  favour.  The  Count  pro- 
bably knows,  that  we  are  instructed  against  it — that  Con- 
gress are  instructed  against  it,  or  rather  have  not  constitu- 
tional authority  to  do  it — that  we  can  only  write  about  it  to 
Congress,  and  they  to  the  states,  who  may,  and  probably 
will,  deliberate  upon  it  eighteen  months  before  they  all 
decide,  and  then  every  one  of  them  will  determine 
against  it. 


Friday,  Nov.   15,  1782. 

Mr.  Oswald  came  to  visit  me,  and  entered,  with  some 
freedom,  into  conversation. — He  said  he  had  been  reading 
Mr.  Paine's  answer  to  the  Abbe  Raynal,  and  had  found 
there  an  excellent  argument  in  favour  of  the  tories.  Mr. 
Paine  says,  that  before  the  battle  of  Lexington,  we  were 
so  blindly  prejudiced  in  favour  of  the  English,  and  so 
closely  attached  to  them,  that  we  went  to  war  at  any  time 
and  for  any  object,  when  they  bid  us.  Now  this  being 
habitual  to  the  Americans,  it  was  excusable  in  the  tories 
to  behave  upon  this  occasion,  as  all  of  us  had  ever  done 
upon  all  others.  He  said  if  he  were  a  member  of  Con- 
gress, he  would  show  a  magnanimity  upon  this  occasion, 
and  would  say  to  the  refugees,  take  your  property — we 
scorn  to  make  any  use  of  it  in  building  up  our  system. 

I  replied,  that  we  had  no  power,  and  Congress  had  no 
power,  and  therefore  we  must  consider  how  it  would  be 
reasoned  upon  in  the  several  legislatures  of  the  separate 
states,  if,  after  being  sent  by  us  to  Congress,  and  by  them 
to  the  several  states,  in  the  course  of  twelve  or  fifteen 
months  it  should  be  there  debated.  You  must  carry  on 
the  war  six  or  nine  months  certainly  for  this  compensa- 
tion, and  consequently  spend,  in  the  prosecution  of  it,  six 
or  nine  times  the  sum  necessary  to  make  the  compensa- 
tion— for  I  presume  this  war  costs  every  month  to  Great 
Britain  a  larger  sum  than  would  be  necessary  to  pay  for 
the  forfeited  estates. 

England  means  by  insisting  on  our  compensating  these 
worst  of  enemies,  to  obtain  from  us  a  tacit  acknowledg- 
ment of  the  right  of  the  war,  an  implicit  acknowledgment 
that  the  tories  have  been  justifiable,  or  at  least  excusable. 


STATE  PAPERS.  32? 

and  that  we,  only  by  a  fortunate  coincidence  of  events, 
have  carried  a  wicked  rebellion  into  a  complete  revo- 
lution. 

At  the  very  time  when  Britain  professes  to  desire  peace, 
reconciliation,  perpetual  oblivion  of  all  past  unkindnesses, 
can  she  wish  to  send  in  among  us  a  number  of  persons 
whose  very  countenances  will  bring  fresh  to  our  remem- 
brance the  whole  history  of  the  rise  and  progress  of  the 
war,  and  of  all  its  atrocities  ?  Can  she  think  it  conciliatory, 
to  oblige  us  to  lay  taxes  upon  those  whose  habitations 
have  been  consumed,  to  reward  those  who  have  burned 
them  ?  Upon  those,  whose  property  has  been  stolen,  to 
reward  the  thieves  ?  Upon  those  whose  relations  have 
been  cruelly  destroyed,  to  compensate  the  murderers  ? 


Sunday,  Nov.  17,  1782. 

Mr.  Vaughan  came  to  me  yesterday,  and  said  that  Mr. 
Oswald  had  that  morning  called  upon  Mr.  Jay,  and  told 
him,  if  he  had  known  as  much  the  day  before,  as  he  had 
since  learned,  he  would  have  written  to  go  home.  Mr. 
V.  said,  Mr.  Fitzherbert  had  received  a  letter  from  Lord 
Townshend,  that  the  compensation  would  be  insisted  on. 
Mr.  Oswald  wanted  Mr.  Jay  to  go  to  England — thought  he 
could  convince  the  ministry.  Mr.  Jay  said  he  must  go 
with  or  without  the  knowledge  and  advice  of  the  court,  and 
in  either  case  it  would  give  rise  to  jealousies.  He  could 
not  go.  Mr.  Vaughan  said  he  had  determined  to  go,  on 
account  of  the  critical  state  of  his  family,  his  wife  being 
probably  abed ;  he  should  be  glad  to  converse  freely 
with  me,  and  obtain  from  me  all  the  lights  and  arguments 
against  the  tories,  even  the  history  of  their  worst  actions 
— that  in  case  it  should  be  necessary  to  run  them  down  if. 
might  be  done,  or  at  least  expose  them,  for  their  true  his- 
tory was  little  known  in  England.  I  told  him,  I  must  be 
excused;  it  was  a  subject  that  I  had  never  been  desirous 
of  obtaining  information  upon  ;  that  I  pitied  those  people 
too  much,  to  be  willing  to  aggravate  their  sorrows  and 
sufferings,  even  of  those  who  had  deserved  the  worst.  It. 
might  not  be  amiss  to  reprint  the  letters  of  Bernard,  Hutch- 
inson, and  Oliver,  to  show  the  rise — it  might  not  be  amiss 
<o  read  the  history  of  Wyoming  in  the  Annual  Register  for 
vol.   i.  A2 


330  AMERICAS 

1778  or  9,  to  recollect  the  prison  ships,  and  the  churches 
at  New  York,  where  the  garrisons  of  Fort  Washington 
were  starved,  in  order  to  make  them  enlist  in  refugee 
corps  ;  it  might  not  be  amiss  to  recollect  the  burning  of 
cities,  and  the  thefts  of  plate,  negroes,  and  tobacco. 

I  entered  into  the  same  arguments  with  him  that  I  had 
used  with  Mr.  Oswald,  to  show  that  we  could  do  nothing 
— Congress  nothing — the  time  it  would  take  to  consult 
the  states,  and  the  reasons  to  believe,  that  all  of  them 
would  at  last  decide  against  it.  I  showed  him  that  it  would 
be  a  religious  question  with  some — a  moral  one  with 
others,  and  a  political  one  with  more — an  economical  one 
with  very  few.  I  showed  him  the  ill  effect  which  would 
be  produced  upon  the  American  mind  by  this  measure — 
how  much  it  would  contribute  to  perpetuate  alienation 
against  England,  and  how  French  emissaries  might,  by 
means  of  these  men,  blow  up  the  flames  of  animosity  and 
war.  I  showed  him  how  the  whig  interest  and  the  oppo- 
sition might  avail  themselves  of  this  subject  in  parliament, 
and  how  they*  might  embarrass  the  minister. 

He  went  out  to  Passy  for  a  passport,  and  in  the  evening 
called  upon  me  again — he  said,  he  found  Dr.  Franklin's 
sentiments  to  be  the  same  with  Mr.  Jay's  and  mine,  and 
hoped  he  should  be  able  to  convince  lord  Shelburne — he 
was  pretty  confident  it  would  work  right — the  ministry 
and  nation  were  not  informed  upon  the  subject.  Lord 
Shelburne  had  told  him  that  no  part  of  his  office  gave 
him  so  much  pain  as  the  levee  he  held  for  these  people, 
and  Rearing  their  stories  of  their  families  and  estates. 
their  losses,  sufferings,  and  distresses.  Mr.  Vaughan  said 
he  had  picked  up  here  a  good  deal  of  information  abouf 
these  people,  fioin  Mr.  Allen  and  other  Americans. 


Friday,  Xovembcr  29,  1702. 

Met  Mr.  Fitzherbert,  Mr.  Oswald,  Mr.  Franklin,  Mr. 
Jay,  Mr.  Laurens,  and  Mr.  Strachey,  at  Mr.  Jay's  Hotel 
d'Orleans,  and  spent  the  whole  day  in  discussions  about 
the  fishery  and  tories.  I  proposed  a  new  article  concern- 
ing the  fishery — it  was  discussed  and  turned  in  every 
light.  Mr.  Fitzherbert  said,  the  argument  is  in  your  favour. 
I  must  confess,  your  reasons  appear  to  be  good  ;  but  Os- 


STATE   PAPERS.  331 

wald's  instructions  were  such,  that  he  did  not  see  how  he 
could  agree  with  us.  I  replied  to  this — the  time  is  not  so 
pressing  upon  us,  but  that  we  can  wait  til]  a  courier  goes  to 
London  with  your  representations  upon  this  subject,  and 
others  that  remain  between  us,  and  I  think  the  ministers 
must  be  convinced. 

Mr.  Fitzherbcrt  said,  to  send  again  to  London,  and 
have  all  laid  loose  before  parliament,  was  so  uncertain  a 
measure,  it  was  going  to  sea  again. 

Upon  this  doctor  Franklin  said,  that  if  another  messen- 
ger  was  to  be  sent  to  London,  he  ought  to  carry  something 
more  respecting  a  compensation  to  the  sufferers  in  Ame- 
rica. He  produced  a  paper  from  his  pocket,  in  which  he 
had  drawn  up  a  claim,  and  he  said  the  first  principle  of  the 
treaty  was  equality  and  reciprocity.  Now  they  demand- 
ed of  us  payment  of  debts,  and  restitution  or  compensation 
to  the  refugees.  If  a  draper  had  sold  a  piece  of  cloth  to 
a  man  upon  credit,  and  then  sent  a  servant  to  take  it  from 
him  by  force,  and  after  bring  his  action  for  the  debt,  would 
any  court  of  law  or  equity  give  him  his  demand  without 
obliging  him  to  restore  the  cloth  ?  Then  he  stated  tho 
carrying  off  of  goods  from  Boston,  Philadelphia,  and  the 
Carolinas,  Georgia,  Virginia,  &c.  and  the  burning  of  the 
towns,  &c.  and  desired  that  this  might  be  sent  with  the 
rest. 

Upon  this  I  recounted  the  history  of  general  Gage's 
agreement  with  the  inhabitants  of  Boston,  that  they  should 
remove  with  their  effects,  upon  condition  that  they  would 
surrender  their  arms  :  but  as  soon  as  the  arms  were  se- 
cured, the  goods  were  forbid  to  be  carried  out,  and  were 
finally  carried  off  in  large  quantities  to  Halifax.  Doctor 
Franklin  mentioned  the  case  of  Philadelphia,  and  the  car- 
rying off  effects  there — even  his  own  library.  Mr.  Jay 
mentioned  several  other  things,  and  Mr.  Laurens  added 
the  plunders  in  Carolina  of  negroes,  plate,  &c. 

After  hearing  all  this,  Mr.  Fitzherbert,  Mr.  Oswald,  and 
Mr.  Strachey  retired  for  some  time,  and  returning,  Mr. 
Fitzherbert  said,  that  upon  consulting  together,  and  weigh- 
ing every  thing  as  maturely  as  possible,  Mr.  Strachey  and 
himself  had  determined  to  advise  Mr.  Oswald  to  strike 
with  us  according  to  the  terms  we  had  proposed  ;is  our 
ultimatum  respecting  the  fishery  and  the  loyalists.  Ac- 
cordingly wc  all  sal  down  and  read  over  the  whole  treat) 


332  AMERICAN. 


and  corrected  it,  and  agreed  to  meet  toi-morrow  at  Mr. 
Oswald's  house,  to  sign  and  seal  the  treaties,  which  the 
secretaries  were  to  copy  fair  in  the  mean  time. 


Saturday,  November  30,  St.  AndrevPs  day. 

We  met  first  at  Mr.  Jay's,  then  at  Mr.  Oswald's,  exam- 
ined and  compared  the  treaties.  Mr.  Strachey  had  left 
out  the  limitation  of  time,  the  twelve  months,  that  the 
refugees  were  allowed  to  reside  in  America  ;  in  order  to 
recover  their  estates  if  they  could.  Doctor  Franklin  said 
this  was  a  surprise  upon  us.  Mr.  Jay  said  so  too — we 
never  had  consented  to  leave  it  out,  and  they  insisted  upon 
putting  it  in,  Avhich  was  done.  Then  the  treaties  were 
signed,  sealed,  and  delivered. 


No.   10. 

Extracts  of  Letters  from  Doctor  Franklin,  to  the  Honourable 
R.  R.  Livingston,  Esq.  Secretary  for  Foreign  Affairs. 
Passy,  Oct.  14,  1782. 

Something  has  been  mentioned  about  the  refugees  and 
English  debts,  but  not  insisted  on,  as  we  declared  at  once 
lhat  whatever  confiscations  had  been  made  in  America 
being  in  virtue  of  the  laws  of  particular  states,  the  Con- 
gress had  no  authority  to  repeal  those  laws,  and  there- 
fore could  give  us  none  to  stipulate  for  such  repeal. 

Passy,  December  5,  1782. 

The  British  minister  struggled  hard  for  two  points,  that 
the  favours  granted  to  the  royalists  should  be  extended, 
and  our  fishery  contracted.  We  silenced  them  on  the 
first  by  threatening  to  produce  an  account  of  the  mischiefs 
done  by  those  people,  and  as  to  the  second,  when  they 
told  us  they  could  not  possibly  agree  to  it,  as  we  required 
it,  and  must  refer  it  to  the  ministry  in  London,  we  pro- 
duced a  new  article  to  be  referred  at  the  same  time,  with 
a  note  of  facts  in  support  of  it,  which  you  have,  No.  3. 
Apparently,  it  seemed,  that  to  avoid  the  discussion  of  this, 
they  suddenly  changed  their  minds,  dropt  the  design  of 


STATU    PAPERS.  333 

recurring  to  London,  and  agreed  to  allow  the  fishery  as 
demanded. 


Extract  of  a  Letter  from  Doctor  Franklin  to  Richard  Os- 
wald, Esq.     Passy,  Nov,  26,  1782. 

Sir, — You  may  well  remember,  that  in  the  beginning 
of  our  conferences,  before  the  other  commissioners  arrived, 
on  your  mentioning  to  me  a  retribution  for  the  loyalists 
whose  estates  had  been  forfeited,  I  acquainted  you  that 
nothing  of  that  kind  could  be  stipulated  by  us,  the  confis- 
cation being  made  by  virtue  of  laws  of  particular  states, 
which  the  Congress  had  no  power  to  contravene  or  dis- 
pense with,  and  therefore  could  give  us  no  such  authority 
in  our  commission.  And  I  gave  it  as  my  opinion  and  ad- 
vice, honestly  and  cordially,  that  if  a  reconciliation  was 
intended,  no  mention  should  be  made,  in  our  negotiations, 
of  those  people  ;  for  they  having  done  infinite  mischief  to 
our  properties,  by  wantonly  burning  and  destroying  farm 
houses,  villages  and  towns  ;  if  compensation  for  their  losses 
were  insisted  on,  we  should  certainly  exhibit  against  it  an 
account  of  all  the  ravages  they  had  committed,  which 
would  necessarily  recall  to  view  scenes  of  barbarity  that- 
must  inflame  instead  of  conciliating,  and  tend  to  perpetuate 
an  enmity  that  we  all  profess  a  desire  of  extinguishing. 
Understanding  however  from  you,  that  this  was  a  point 
your  ministry  had  at  heart,  I  wrote  concerning  it  to  Con- 
gress, and  I  have  lately  received  the  following  resolu- 
tion— viz. 


"By  the  United  States  in  Congress  assembled.     September 
10,   1782. 

"  Resolved,  That  the  secretary  for  foreign  affairs  be, 
and  he  is  hereby  directed  to  obtain,  as  speedily  as  possible, 
authentick  returns  of  the  slaves  and  other  property  which 
have  been  carried  off  or  destroyed  in  the  course  of  the  war 
by  the  enemy,  and  to  transmit  the  same  to  the  ministers 
plcnipotcnliary  for  negotiating  peace." 

"  Resolved,  That  in  the  mean  time  the  secretary  for 
foreign  affairs  inform  the  said  ministers,  that  many  thou- 
sands of  slaves  and  other -property  to  a  very  great  amount 


334  AMERICAN- 

have  been  carried  oft' or  destroyed  by  the  enemy;  and 
that,  in  the  opinion  of  Congress,  die  great  loss  of  property 
which  the  citizens  of  the  United  States  have  sustained  by 
the  enemy  will  be  considered  by  the  several  states,  as  an 
insuperable  bar  to  their  making  restitution,  or  indemnifi- 
cation to  the  former  owners  of  property,  which  has  been, 
or  may  be  forfeited  to,  or  confiscated,  by  any  of  the 
states." 

In  consequence  of  these  resolutions,  and  the  circular 
letters  of  the  secretary,  the  assembly  of  Pennsylvania, 
then  sitting,  passed  the  following  act,  viz. 

"  An  act  for  procuring  an  estimate  of  the  damages  sus- 
stained  by  the  inhabitants  of  Pennsylvania  from  the  troops 
and  adherents  of  the  king  of  Great  Britain,  during  the  pre- 
sent war." 

We  have  not  yet  had  time  to  hear  what  has  been  done 
by  the  other  assemblies,  but  I  have  no  doubt  that  similar 
acts  will  be  made  by  all  of  them,  and  that  the  mass  of  evi- 
dence produced  by  the  execution  of  those  acts,  not  only  of 
the  enormities  committed  by  those  people,  under  the  direc- 
tion of  British  generals,  but  of  those  committed  by  the 
,  British  troops  themselves,  will  form  a  record  that  must 
render  the  British  name  odious  in  America  to  the  latest 
generations.  In  that  authentick  record  will  be  found  the 
burning  of  the  fine  towns  of  Charlestown,  near  Boston,  of 
Falmouth  just  before  winter,  when  the  sick,  the  aged,  the 
women  and  children  were  driven  to  seek  shelter  where 
they  could  hardly  find  it.  Of  Norfolk  in  the  midst  of 
winter.  Of  New  London,  of  Fairfield,  of  Esopus,  ice.  &x. 
besides  near  a  hundred  and  fifty  miles  of  well  settled 
country  laid  waste,  every  house  and  barn  burnt,  and  many 
hundred  of  farmers,  with  their  wives  and  children  butcher- 
ed and  scalped. 

The  present  British  ministers  when  they  reflect  a  little, 
will  certainly  be  too  equitable  to  suppose,  that  their  nation 
has  a  right  to  make  an  unjust  war  (which  they  have  always 
allowed  this  against  us  to  be)  and  to  do  all  sorts  of  unne- 
cessary mischief,  unjustifiable  by  the  practice  of  any 
civilized  people,  which  those  they  make  war  with,  are  to 
suffer  without  claiming  any  satisfaction  :  but  that  if  Britons 
or  their  adherents,  are  in  return  deprived  of  any  property. 


STATE    PAPERS.  335 

it  is  to  be  restored  to  them,  or  they  are  to  be  indemnified. 
The  British  troops  can  never  excuse  their  barbarities. 
They  were  unprovoked.  The  loyalists  may  say  in  excuse 
of  theirs,  that  they  were  exasperated  by  the  loss  of  their 
estates,  and  it  was  revenge.  They  have  then  had  their 
revenge.     Is  it  right  they  should  have  both  ? 

Some  of  these  people  may  have  a  merit  with  regard  to 
Britain,  those  who  espoused  her  cause  from  affection ; 
these  it  may  become  you  to  reward.  But  there  are 
many  of  them  who  were  wavcrers,  and  were  only  deter- 
mined to  engage  in  it  by  some  occasional  circumstances 
or  appearances  ;  these  have  not  much  of  either  merit  or 
demerit,  and  there  are  others  who  have  abundance  of 
demerit,  respecting  your  country,  having  by  their  false- 
hoods and  misrepresentations,  brought  on  and  encouraged 
the  continuance  of  the  war.  These  instead  of  being  re- 
compensed, should  be  punished. 

It  is  usual  among  christian  people  at  war,  to  profess 
always  a  desire  of  peace.  But  if  the  ministers  of  one  of 
the  parties  choose  to  insist  particularly  on  a  certain  article 
which  they  have  known  the  others  are  not  and  cannot  be 
empowered  to  agree  to,  what  credit  can  they  expect  should 
be  given  to  such  professions? 

Your  ministers  require  that  we  should  receive  again  into 
Our  bosom,  those  who  have  been  our  bitterest  enemies,  and 
restore  their  properties  who  have  destroyed  ours ;  and 
this,  while  the  wounds  they  have  given  us  are  still  bleed- 
ing. It  is  many  years  since  your  nation  expelled  the 
Stuarts  and  their  adherents,  and  confiscated  their  estates. 
Much  of  your  resentment  against  them  may  by  this  time  be 
abated  :  yet  if  we  should  propose  it,  and  insist  on  it  as  an 
article  of  our  treaty  with  you,  that  that  family  should  be 
recalled  and  the  forfeited  estates  of  its  friends  restored, 
would  you  think  us  serious  in  our  professions  of  earnestly 
desiring  peace  ? 

I  must  repeat  my  opinion,  that  it  is  best  for  you  to  drop 
all  .mention  of  the  refugees.  We  have  proposed  indeed 
nothing  but  what,  we  think  best  for  you  as  well  as  our- 
selves. But  if  you  will  have  them  mentioned,  let  it  be  in 
an  article  which  may  provide,  that  they  shall  exhibit 
accounts  of  their  losses,  to  commissioners  hereafter  to  be 
appointed,  who  shall  examine  the  same  together  with  the 
accounts  now  preparing  in  Amerira.  of  tlv  damn^  done 


336  AMERICAN 

by  them,  and  state  the  account,  and  that  if  a  balance  ap- 
pears in  their  favour  it  shall  be  paid  by  us  to  you,  and  by 
you  divided  among  them,  as  you  shall  think  proper.  And 
if  the  balance  is  found  due  to  us,  it  shall  be  paid  by  you. 
Give  me  leave,  however,  to  advise  you  to  prevent  the 
necessity  of  so  dreadful  a  discussion,  by  dropping  the  arti- 
cle, that  we  may  write  to  America,  and  stop  the  inquiry. 
I  have  the  honour  to  be,  &c. 

B.  FRANKLIN. 


article  v.  {proposed.) 

It  is  agreed  that  his  Britannick  majesty  will  earnestly 
recommend  it  to  his  parliament  to  provide  for  and  make 
compensation  to  the  merchants  and  shopkeepers  of  Bos- 
ton whose  goods  and  merchandise  were  seized  and  taken 
out  of  the  stores,  warehouses  and  shops,  by  order  of  gene- 
ral Gage,  and  others  of  his  commanders  or  officers  there  : 
and  also  to  the  inhabitants  of  Philadelphia  for  the  goods 
taken  away  by  his  army  there,  and  to  make  compensation 
also  for  the  tobacco,  rice,  indigo  and  negroes,  &c.  seized 
and  carried  off  by  his  armies  under  generals  Arnold,  Corn- 
wallis,  and  others,  from  the  states  of  Virginia,  North  and 
South  Carolina  and  Georgia :  and  also  for  all  vessels  and 
cargoes  belonging  to  the  inhabitants  of  the  said  United 
.States,  which  were  stopt,  seized,  or  taken,  either  in  the 
ports  or  on  the  seas,  by  his  governours,  or  by  his  ships 
of  war,  before  the  declaration  of  war  against  the  said 
States. 

And  it  is  further  agreed  that  his  Britannick  majesty  will 
also  earnestly  recommend  it  to  his  parliament  to  make 
compensation  for  all  the  towns,  villages  and  farms,  burnt 
and  destroyed  by  his  troops  or  adherents  in  the  said  Unit- 
ed States. 


facts. 

There  existed  a  free  commerce,  upon  mutual  faith, 
between  Great  Britain  and  America.  The  merchants  of 
the  former  credited  the  merchants  and  planters  of  the  lat- 
ter with  great  quantities  of  goods,  on  the  common  expec- 
tation that  the  merchants  having   sold  the  goods  would 


STATE  PAPERS.  337 

make  the  accustomed  remittances  ;  that  the  planters  would 
do  the  same  by  the  labour  of  their  negroes,  and  the  pro- 
duce of  that  labour,  tobacco,  rice,  indigo,  &c. 

England,  before  the  goods  were  sold  in  America,  sends 
an  armed  force,  seizes  those  goods  in  the  stores,  some 
even  in  the  ships  that  broughf  them,  and  carries  them  off"; 
seizes  also  and  carries  off  the  tobacco*  rice,  and  indigo, 
provided  by  the  planters  to  make  returns,  and  even  the 
negroes,  from  whose  labour  they  might  hope  to  raise  other 
produce  for  that  purpose. 

Britain  now  demands  that  the  debts  shall  nevertheless 
be  paid. 

Will  she,  can  she,  justly  refuse  making  compensation 
for  such  seizures  ? 

If  a  draper  who  had  sold  a  piece  of  linen  to  a  neighbour 
on  credit,  should  follow  him,  take  the  linen  from  him  by 
force,  and  then  send  a  bailiff  to  arrest  him  for  the  debt, 
would  any  court  of  law  or  equity  award  the  payment  of 
the  debt,  without  ordering  restitution  of  the  cloth  ? 

Will  not  the  debtors  in  -America  cry  out  that  if  this  com* 
pensation  be  not  made,  they  were  betrayed  by  the  pre- 
tended credit,  and  are  now  doubly  ruined : — first  by  the 
enemy,  and  then  by  the  negotiators  at  Paris  ;  the  goods 
and  negroes  sold  them  being  taken  from  them,  with  all 
they  had  besides,  and  they  are  now  to  be  obliged  to  pay 
for  what  they  have  been  robbed  ok 


No.  11. 

Extracts  from  Dr.  Franklin1 's  Journal  of  Negotiations  for 
Peace  zcith  Great  Britain. 

Mr.  Oswald  also  gave  me  a  copy  of  a  paper  of  memo- 
randums written  by  Lord  Shelburne,  viz. 

That  an  establishment  for  the  loyalists  must  always  be 
upon  Mr.  Oswald's  mind,  as  it  is  uppermost  in  Lord  Shel> 
burne's,  besides  other  steps  in  their  favour,  to  influence 
the  several  states  to  agree  to  a  fair  restoration  or  compem 
nation  for  whatever  confiscations  have  taken  place. 

As  to  the  loyalists  I  repeated  what  I  had  said  to  him 
when  first  he-.'c.  that,  their  eslatcs  had  been  confiscated  br 
ihe  laws  made  ;•,  the  particular  slates,  where  the  delin- 
quents had  resided,  and  not  by  any  law  of  (7ongress.  who 

V«>  .     !•.  13 


338  AMERICAN 

indeed  had  no  power  either  to  make  such  laws,  or  to  repeal 
them,  or  to  dispense  with  them  ;  and  therefore  could  give- 
no  power  to  their  commissioners  to  treat  of  a  restoration 
for  those  people  :  that  it  was  an  affair  appertaining  to  each 
state.  That  if  there  were  justice  in  compensating  them, 
it  must  be  due  from  England  rather  than  from  America ; 
but  in  my  opinion,  England  was  not  under  any  very  great 
obligations  to  them,  since  it  was  by  their  misrepresenta- 
tions and  bad  counsels  that  she  had  been  drawn  into  this 
miserable  war — and  that  if  an  account  was  to  be  brought 
against  us  for  their  losses,  we  should  more  than  balance 
it  by  an  account  of  the  ravages  they  had  committed  all 
along  the  coasts  of  America.  Mr.  Oswald  agreed  to  the 
reasonableness  of  all  this,  and  said  he  had  before  he  came 
away,  told  the  ministers  that  he  thought  no  recompense  to 
those  people  was  to  be  expected  from  ust 


No.  12. 

Extract  of  a  Letter  from  the  Commissioners  of  the  United 
States  for  negotiating  Peace  with  Great  Britain,  to  the 
President  of  Congress,  dated  Passy,  Sept.  10,  1783. 

Permit  us  to  observe,  that  in  our  opinion  the  recom- 
mendations of  Congress,  promised  in  the  5th  article,  should 
immediately  be  made  in  the  terms  of  it  and  published  ;  and 
that  the  states  should  be  requested  to  take  it  into  conside- 
ration as  soon  as  the  evacuation  by  the  enemy  shall  be 
completed.  It  is  also  much  to  be  wished  that  the  legisla- 
tures may  not  involve  all  the  tories  in  banishment  and  ruin, 
but  that  such  discriminations  may  be  made  as  to  entitle 
the  decisions  to  the  approbation  of  disinterested  men,  and 
dispassionate  posterity. 


No.  13. 
Virginia,  to  wit. 

General  Assembly,  begun  and  held  at  the  publick 
buildings  in  the  city  of  Richmond,  on  Monday,  the  eigh- 
teenth day  of  October,  in  the  year  of  our  Lord,  1784. 


STATE  PAPERS.  33$ 

An  Act  respecting  future  Confiscations. 

Whereas  it  is  stipulated  by  the  sixth  article  of  the  treaty 
of  peace  between  the  United  States,  and  the  king  of  Great 
Britain,  that  there  shall  be  no  future  confiscations  made  $ 
Be  it  enacted,  That  no  future  confiscations  shall  be 
made,  any  law  to  the  contrary  notwithstanding. — Provided 
that  this  act  shall  not  extend  to  any  suit  depending  in  any 
court  which  commenced  prior  to  the  ratification  of  the 
treaty  of  peace. 

ARCHIBALD  CARY,  Speaker  of  the  Senate, 
JOHN  TYLER,  Speaker  H.  Dels. 
Certified  as  a  true  copy  from  the  enrolment. 

JOHN  BECKLEY,  Clk.  H.  DeL> 


No.  14. 

Uy  his  Excellency  Benjamin  Harrison,  Esquire,  Governouf 
of  the  Commomocalth  of  Virginia,  a  Proclamation. 

Whereas  I  have  received  information,  that  there  are, 
in  different  parts  of  this  commonwealth,  combinations, 
formed  by  a  number  of  persons,  who,  impelled  by  a  tur- 
bulent spirit,  have  manifested  a  disposition  to  treat  with  out- 
rage some  of  those  who  have  returned  to  this  state  under 
the  sanction  of  the  definitive  treaty  of  peace,  and  the  acts 
of  assembly  passed  in  October  last.  And  whereas  such  a 
disposition,  unless  early  suppressed  by  the  interposition 
of  government,  might  grow  into  a  dangerous  evil,  disturb 
the  quiet  of  the  commonwealth,  and  involve  a  violation  of 
the  publick  faith  and  honour,  so  solemnly  pledged  for  pre- 
serving sacred  the  articles  of  the  treaty,  as  signed  and 
ratified  :  To  prevent,  therefore,  effectually,  the  dangerous 
consequences  to  be  apprehended  from  the  licentiousness 
of  such  persons,  1  have  thought  fit,  by  and  with  the  advice 
of  the  council  of  state,  to  issue  this  my  proclamation, 
strictly  enjoining  all  magistrates  and  other  civil  officers  to 
use  their  utmost  vigilance  in  the  preservation  of  the  peace. 
And  particularly  to  extend  the  earliest  protection  to  all 
those  who  come  within  the  description  of  the  said  acts  of 
assembly,  and  have  reason  to  apprehend  danger  from  such 
j-iotous  persons :  And  to  secure  to  them  the  enjoyment  of 
t-hose  rights  which  they  derive  both  from  the  treaty  and 


340  AMERICAS 

acts  of  assembly  aforesaid :  And  that  no  person,  or  descrip- 
tion of  persons,  may  presume  hereafter,  on  the  hope  of 
escaping  with  impunity,  to  do  any  act  which  shall  contra- 
vene the  one,  or  oppose  the  other,  I  do  farther  declare^ 
that  government  being  resolved  inviolably  to  support  the 

J  niblick  honour,  and  to  enforce  a  pointed  execution  of  the 
aw,  will  not  fail  to  take  the  most  effectual  measures  for 
bringing  to  condign  punishment  ail  those  who,  senseless 
to  the  obligation  of  a  solemn  treaty,  and  unmindful  of  the 
dignity  and  honour  of  their  country,  pledged  for  its  sup- 
port, shall  be  hardy  enough  to  offend  herein. 

Given  under  my  hand  and  the  seal  of  the  commonwealth 
in  the  council  chamber  at  Richmond,  this  26th  day  of 
July,  in  the  year  of  our  Lord  1734,  and  of  the  com- 
monwealth the  ninth. 

[l.  s.]  BENJAMIN  HARRISON. 

Attest,  A.  BLAIR,  C.  C. 

A  copy  from  the  original  proclamation  in  the  office  of 
the  Executive. 

Attest,  SAM.  COLEMAN,  A.  C.  C. 


No.  15. 

Extract  of  a  Letter  from  George  Read,jun.  Attorney  of  the 
United  States,  for  the  district  of  Delaware,  to  the  Secre- 
tary of  State,  dated  New  Castle,  on  Delaware,  Nov-*  4, 
1790. 

From  the  result  of  all  my  inquiries  on  the  subject  of 
your  letter,  I  am  induced  to  believe  that  no  proceedings 
of  any  kind  have  taken  place  within  this  state,  since  the 
treaty  of  peace,  tending  in  any  manner  to  affect  the  per- 
sons or  property  of  British,  subjects  or  American  refugees, 
in  contravention  to  that  treaty.  Whatever  property  any 
British  subject  might  have  had  within  this  state,  at  or  after 
the  declaration  of  independence,  the  same  hath  been  in 
nowise  altered  or  diminished  by  any  act  of  the  state  legis- 
lature ;  the  confiscations  of  property  specially  declared 
bv  law  extended  only  to  citizens  and  subjects  of  the  state ; 
and  such  outstanding  debts  which  British  subjects  might 
have  had  within  the  state.  I  have  generally  understood 
have  been  settled  by  such  their  debtors  as  had  ability  to 
pay,  in  a  way  satisfactory  to  the  creditors,  or  their  agents ; 


STATE  PAPERS.  341 

and  almost  the  only  suits  which  have  been  brought  were 
against  persons  whose  circumstances  were  declining,  or 
against  the  representatives  of  deceased  persons;  but  in 
no  instance  that  hath  come  to  my  knowledge,  hath  the  least 
clamour  or  complaint  been  made  or  raised  against  any 
man  of  the  law  for  commencing  such  suits,  or  any  distinc- 
tion urged,  during  their  pendency  in  the  courts.  As  to 
the  American  refugees,  I  do  not  know  that  the  property 
of  any  other  of  them  than  specially  named  in  the  act  of 
Assembly  of  this  state,  of  the  26th  of  June,  1 778,  and  trans- 
mitted with  this,  was  seized  upon  and  taken  as  forfeited  ; 
and  several  of  those  persons  have  returned  since  the 
peace,  and  resided  without  disturbance  in  the  neighbour- 
hood of  their  former  dwellings,  though  no  instances  of  any 
restitution  of  their  property,  within  my  knowledge.  As 
to  the  state  it  derived  no  benefit  from  the  sales  of  their 
estates,  they  being  made  for  continental  paper;  and  the 
court  of  claims  which  was  established  some  time  after,  in 
favour  of  the  creditors  of  such  whose  property  had  been 
declared  to  be  forfeited  under  the  act  aforesaid,  having 
allowed  the  debts  of  those  creditors  in  specie  to  an  amount 
exceeding  the  specie  value  of  the  paper  received  for  that 
property. 

From  every  information  I  have  heretofore  had  of  alleged 
infractions  of  the  treaty,  I  never  understood  the  govern- 
ment in  this  state,  or  any  executive  department  thereof, 
or  the  conduct  of  its  citizens,  with  regard  to  British  sub- 
ject-; or  American  refugees,  were  at  any  time  included, 
and  such  I  am  told  was  the  decided  opinion  of  the  legisla- 
ture of  this  state.  At  the  time  of  their  passing  the  act  of 
the  2d  of  February,  1788,  herewith  also  transmitted  "for 
repealing  all  acts  or  parts  of  acts  repugnant  to  the  treaty 
of  peace  between  the  United  States  and  his  Britannick 
majesty,  or  any  article  thereof."  As  that  act  was  framed 
by  ihe  late  Congress,  in  the  terms  in  which  it  is  express- 
ed, and  passed  by  our  legislature,  upon  the  special  requi- 
sition of  that  body,  which  was  made  circular  to  all  the 
states  then  in  the  Union. 

I  have  the  honour  to  be,  &x. 

GEO:  READ,  jt  y. 
The  lion.  Thomas  .Jefferson,  Esq. 


342  AMERICAS 

No.  16. 
In  Council.  Philadelphia,  Thursday  Dec.  16,  1790. 

Upon  the  report  of  the  committee  to  whom  was  referred 
the  letter  from  the  Comptroller  General  of  the  15th  Sep- 
tember last,  informing  council,  that  the  following  lots  "  in 
the  city  of  Philadelphia,  forfeited  to  the  commonwealth  by 
the  attainder  of  Harry  Gordon  for  high  treason,  viz.  a  cor- 
ner lot  on  the  south  side  of  Walnut  street  and  east  side  of 
Fourth  street  from  Delaware  river,  being  in  front  on  Wal- 
nut street,  16  1-2  feet,  arid  in  depth  on  Fourth  street,  37 
feet,  with  the  privilege  of  a  three  feet  alley  at  the  south 
end  of  the  lot,  subject  to  a  ground  rent  of  1 3  dollars  and 
3-8  of  a  dollar  annually,  and  considerable  arrears.  And 
one  other  lot  adjoining  the  above  lot,  bounded  on  the 
north  by  Walnut  street,  on  the  east  by  ground  late  of 
Robert  Morris,  Esq.  on  the  west  by  Charles  Moore's 
ground,  and  part  by  the  above  described  lot  and  alley, 
being  16  1-2  feet  in  front,  and  47  feet  1-0  inches  and  a  half 
deep,  more  or  less:  subject  to  an  annual  rent  charge  of  5l. 
Os.  3d.  with  arrearages  thereof,"  remains  unsold,  and  sub- 
mitting it  to  council,  whether  it  would  not  be  proper,  at 
this  time,  to  direct  the  sale  of  the  said  lots. 

Resolved,  that  the  lots  before  described  be  exposed  te 
publick  sale,  according  to  law. 

No.    17. 
In  Assembly,  January  31,   1784. 

A  message  from  his  excellency  the  governour  to  the 
legislature,  (transmitted  to  this  house  by  the  honourable 
the  Senate,)  was  read,  and  is  in  the  words  following,  to 
wit : 

Gentlemen. — It  is  with  pleasure  I  embrace  the  earliest 
opportunity  of  laying  before  you  a  proclamation  of  the 
United  States,  in  Congress  assembled,  under  their  seal, 
dated  the  fourteenth  day  of  January  instant,  announcing 
the  ratification  of  the  definitive  articles  of  peace  and  friend- 
ship between  these  states  and  his  Britannick  majesty,  and 
^fiioinins  a  due  observance  ihereof. 


STATE  PAPERS.  343 

I  also  submit  to  your  consideration,  the  recommendation 
of  the  United  States,  in  Congress  assembled,  in  conformity 
to  the  said  articles,  contained  in  their  resolution  of  the  said 
fourteenth  day  of  January  instant. 

GEORGE  CLINTON. 

Mew  York,  Jan.  30,  1784. 


The  papers  which  accompanied  the  said  message  of 
liis  excellency  the  governour,  were  also  read. 

Ordered,  That  the  said  message  of  his  excellency  the 
governour,  and  the  papers  which  accompanied  the  same, 
be  committed  to  a  committee  of  the  whole  house. 


In  Assembly,  March  3t,  1784. 

A  copy  of  certain  resolutions  of  the  honourable  the 
Senate,  delivered  by  Mr.  Schuyler,  were  read,  and  are  in 
the  words  following,  viz. 

"Resolved,  (if  the  honourable  the  House  of  Assembly 
concur  herein,)  that  it  appears  to  this  legislature,  that  in 
the  progress  of  the  late  war,  the  adherents  of  the  king  of 
Great  Britain,  instead  of  being  restrained  to  fair  and  miti- 
gated hostilities,  which  are  only  permitted  by  the  laws  of 
nations,  have  cruelly  massacred,  without  regard  to  age  or 
sex,  many  of  our  citizens,  and  wantonly  desolated  and  laid 
waste  a  very  great  part  fjf^his  state,  by  burning  not  only 
single  houses,  and  other  Ladings,  in  many  parts  of  this 
state,  but  even  whole  towns  and  villages,  and  destroying- 
other  property  throughout  a  great  extent  of  country, 
and  in  enterprises  which  had  nothing  but  vengeance  for 
their  object. 

"  And  that,  in  consequence  of  such  unwarrantable  ope- 
rations, great  numbers  of  the  citizens  of  this  state  have, 
from  alHuent  circumstances,  been  reduced  to  poverty  and 
distress. 

"  Resolved,  that  it  appears  to  this  legislature,  that  di- 
vers of  the  inhabitants  of  this  state,  have  continued  to 
adhere  to  the  king  of  Great  Britain,  after  these  states  were 
declared  free  and  independent,  and  persevered  in  aiding 
die  said  king,  his  fleets  and  armies  I'**  subjugate  thce 
(Jnitcd  States  '*>  bondage, 


314  AMERICAN 

"  Resolved,  that  as  on  the  one  hand,  the  rules  of  justice 
do  not  require,  so  on  the  other,  the  publick  tranquillity 
will  not  permit  that  such  adherents  who  have  been  attaint- 
ed, should  be  restored  to  the  rights  of  citizenship. 

"  And  that  there  can  be  no  reason  for  restoring  proper- 
ty which  has  been  confiscated  or  forfeited,  the  more  es- 
pecially as  no  compensation  is  offered  on  the  part  of  the 
said  king  and  his  adherents  for  the  damages  sustained  by 
this   state  and  its    citizens,  from  the  desolation  aforesaid. 

"  Resolved  therefore,  that  while  this  legislature  enter- 
tain the  highest  sense  of  national  honour,  of  the  sanction 
of  treaties, -and  of  the  deference  which  is  due  to  the  ad- 
vice of  the  United  States,  in  Congress  assembled,  they 
find  it  inconsistent  with  their  duty  to  comply  with  the 
recommendation  of  the  said  United  States,  on  the  subject 
matter  of  the  fifth  article  of  the  definitive  treaty  of  peace." 

Resolved,  that  this  House  do  concur  with  the  honoura- 
ble the  Senate  in  the  said  resolutions. 

Ordered,  that  Mr.  Gordon  and  Mr.  Lott,  deliver  a  copy 
of  the  last  preceding  resolution  of  concurrence  to  the  ho- 
nourable the  Senate. 

State  of  New   York.  ss. 

I  certify  that  the  aforegoing  arc  true  extracts  from  the 
journals  of  the  Assembly,  this  19th  day  of  July.  1786. 

ISAAC  VAN  VLECK, 
for  T"~IN  M'KESSON,  Clerk. 


No.  13." 

f?opy  of  a  Letter  from  his  Excellency  Samuel  Huntington. 
Govemour  of  Connecticut,  to  the  Honourable  John  Jay. 
Secretary  for  Foreign  Affairs.  Council  Chamber,  Hart- 
ford, June  12,  178G. 

Sir, — Your  letter  of  the  3d  ultimo,  addressed  to  the 
govemour  of  Connecticut,  requesting  information  whether 
and  how  far  this  state  has  complied  with  the  recommen- 
dation of  Congress,  pursuant  to  the  treaty  of  peace  with 
(jireat  Britain,  hath  been  received. 

In  compliance  with  your  request,  I  have  the  satisfaction 
to  inform,  that  the  statutes  of  this  state,  have  all  been  re- 


STATE     PAPERS.  353 


No.  28.     B. 

Copy  of  a  Letter  from  his  Excellency  General  Haldimand 
to  Major  General  Knox,  dated  Quebec,  July  13,  1784. 

Sir, — I  have  had  the  honour  to  receive  your  letter 
dated  New  York,  1 3th  of  last  June,'  by  lieutenant  colonel 
Hull,  acquainting  me  you  was  directed  by  Congress,  the 
sovereign  authority  of  the  United  States,  to  write  to  me, 
in  order  to  ascertain  the  precise  time  when  each  of  the 
posts  within  the  United  States,  now  occupied  by  the  troops 
of  his  Britannick  majesty,  shall  be  delivered,  agreeable 
to  the  definitive  treaty  of  peace,  and  to  propose,  as  a 
matter  of  mutual  convenience,  an  exchange  of  certain  can- 
non and  stores,  now  at  these  posts,  for  others  to  be  deli- 
vered at  West  Point,  upon  Hudson's  river,  New  York,  or 
some  other  convenient  place. 

I  have  the  honour  to  enclose  for  your  information, 
copies  of  letters  which  passed  between  his  excellency 
governour  Clinton  and  me,  upon  the  first  part  of  your 
proposition.  Though  I  am  now  informed,  by  his  majes- 
ty's ministers,  of  the  ratification  of  the  definitive  treaty  of 
peace,  1  remain,  in  other  respects,  in  the  same  situation  I 
then  was,  not  having  received  any  orders  to  evacuate  the 
posts  which  arc  without  the  limits  assigned  by  the  treaty 
of  peace  to  this  province. 

It  is  therefore  impossible  for  me  to  ascertain  the  time 
when  the  evacuation  of  these  posts  shall  commence.  I 
can  only  assure  your  excellency,  that  1  shall  lose  no  time 
in  carrying  into  execution  his  majesty's  orders  on  that 
head,  when  1  shall  have  the  honour  to  receive  them. 

In  the  mean  time  I  have  to  acquaint  you,  that  however 
desirous  1  am  to  consult  mutual  convenience,  I  am  not  at 
present  empowered  (and  have  reason  to  think  I  will  not 
in  future  be  empowered)  to  make  the  exchange  of  cannon 
and  stores  proposed  by  you,  and  for  which  lieutenant 
colonel  Hull  was  authorized  to  make  the  proper  arrange- 
ments. 

1  have  the  honour  to  be.  &c. 

FRED.  HALDIMAND. 

His  Excellency  Maj.  Gen.  Knox. 
voi.  i.  >  4,0 


S6"i  AMERICAN 


No.  29. 
The  United  States,  in  Congress  assembled,  May  26,  1783. 

Whereas  by  the  articles  agreed  upon  on  the  30th  of 
November  last,  by  and  between  the  commissioners  of  the 
United  States  of  America  for  making  peace  and  the  com- 
missioner on  the  part  of  his  Britannick  majesty,  it  is  stipu- 
lated that  his  Britannick  majesty  shall,  with  all  convenient 
speed,  and  without  causing  any  destruction,  or  carrying 
away  any  negroes,  or  other  property  of  the  American  in- 
habitants, withdraw  all  his  armies,  garrisons,  and  fleets, 
from  the  said  United  States,  and  from  every  port,  place, 
and  harbour,  within  the  same ;  and  whereas  a  considerable 
number  of  negroes,  belonging  to  the  citizens  of  these- 
states,  have  been  carried  off  therefrom,  contrary  to  the 
true  intent  and  meaning  of  the  said  articles  : 

Resolved,  That  copies  of  the  letters  between  the  com- 
mander in  chief  and  sir  Guy  Carleton,  and  other  papers 
on  this  subject,  be  transmitted  to  the  ministers  plenipo- 
tentiary of  these  states  for  negotiating  a  peace  in  Eu- 
rope ;  and  that  they  be  directed  to  remonstrate  thereon 
lo  the  court  of  Great  Britain,  and  take  proper  measures 
for  obtaining  such  reparation  as  the  nature  of  the  case, 
will  admit. 

Ordered,  That  a  copy  of  the  foregoing  resolve  be 
transmitted  to  the  commander  in  chief:  and  that  he  be 
directed  to  continue  his  remonstrances  to  sir  Guy  Carle- 
ton,  respecting  the  permitting  negroes  belonging  to  the 
citizens  of  these  states  to  leave  New  York,  and  to  insisj 
on  the  discontinuance  of  that  measure. 


No.   30. 
Virgiaia,  to  zuit :  In  General  Assembly,  June  22,  1784. 

It  appearing  to  the  genera!  assembly,  from  a  letter 
from  his  excellency  general  Washington,  dated  the  7th 
day  of  May.  1783,  that  in  obedience  to  a  resolution  of 
Congress,  he  had  a  conference  with  general  Carleton  on 
the  subject  of  delivering  up  the  slaves  and  other  proper- 
ty belonfriiui  to  the  citizens  of 'he  United  c:'.;le-.  in  com- 


STATE    PAPERS,  355 

■pliance  with  the  articles  of  the  provisional  treaty ;  that 
he  (general  Carlcton)  appeared  to  evade  a  compliance 
with  the  said  treaty,  by  a  misconstruction  of  the  same, 
and  permitted  a  large  number  of  the  said  slaves  to  be 
.sent  off  to  Nova  Scotia.  It  further  appearing  to  the 
general  assembly,  from  the  testimony  of  Thomas  Walkc. 
Esq.  that  he,  together  with  several  other  persons  from  the 
counties  of  Norfolk  and  Princess  Anne,  in  or  about  the 
month  of  April,  1783,  went  to  New  York,  writh  a  view  oi 
recovering  the  slaves  which  had  been  taken  from  them  b\ 
the  British  troops  during  the  war ;  that  not  being  permit- 
led  to  take  possession  of  those  slaves  which  they  found  in 
that  city,  the  said  Walke  made  a  personal  application  to 
general  Carleton,  and  requested  a  delivery  of  the  said 
slaves,  in  compliance  with  the  7th  article  of  the  treaty, 
which  prohibits  the  carrying  off  negroes,  or  other  proper- 
ty, belonging  to  the  inhabitants  of  the  United  States  ;  this 
he  peremptorily  refused,  alleging  that  he  was  not  author- 
ized to  do  it,  without'  particular  instructions  from  the  Bri- 
tish government ;  that  at  the  time  of  this  application  the 
said  Walkc  was  informed  by  an  aid-decamp  of  general 
Carleton,  that  an  agent  was  appointed  to  superintend  the 
embarkation,  and  keep  a  register  of  slaves  sent  to  Nova 
Scotia,  and  that  he  afterwards  saw  the  said  register,  and 
also  saw  a  large  number  of  negroes  embarked  to  be  sent 
to  that  country.  If  farther  appearing  to  the  general  as- 
sembly, from  the  testimony  of  Mr.  John  Stewart,  of  the 
state  of  Maryland,  as  well  as  from  a  variety  of  other  cir- 
cumstances, that  many  applications  wrere  made  to  general 
Carlcton  by  citizens  of  America  for  the  restitution  of  pro- 
perty, which  were  invariably  rejected  : 

Resolved,  That  there  has  been  an  infraction,  on  the  part 
of  Great  Britain,  of  the  7th  article  of  the  treaty  of  peace 
between  the  United  States  of  America  and  Great  Britain, 
in  detaining  the  slaves  and  other  property  of  the  citizens 
of  the  United  States. 

Resolved,  That  the  delegates  representing  this  state  in 
Congress  be  instructed  to  lay  before  that  body  the  subject 
matter  of  the  preceding  information  and  resolution,  and  to 
request  from  them  a  remonstrance  to  the  British  court, 
complaining  of  the  aforesaid  infraction  of  the  treaty  of 
peace,  and  desiring  a  proper   reparation  of  the  injuries 


356  AMERICAN' 

consequent  thereupon  ;  that  the  said  delegates  be  instruct- 
ed to  inform  Congress  that  the  general  assembly  has  no 
inclination  to  interfere  with  the  power  of  making  treaties 
with  foreign  nations,  which  the  confederation  hath  wisely 
vested  in  Congress  ;  but  it  is  conceived  that  a  just  regard 
to  the  national  honour  and  interest  of  the  citizens  of  this 
commonwealth  obliges  the  assembly  to  withhold  their 
co-operation  in  the  complete  fulfilment  of  the  said  treaty, 
until  the  success  of  the  aforementioned  remonstrance  is 
known,  or  Congress  shall  signify  their  sentiments  touching 
the  premises. 

Resolved,  That  so  soon  as  reparation  is  made  for  the 
aforesaid  infraction,  or  Congress  shall  judge  it  indispensa- 
bly necessary,  such  acts  of  the  legislature  passed  during 
the  late  war,  as  inhibit  the  recovery  of  British  debts,  ought 
to  be  repealed,  and  payment  thereof  made  in  such  time 
and  manner  as  shall  consist  with  the  exhausted  situation 
of  this  commonwealth. 

Extract  from  the  Journal  of  Assembly, 

JOHN  BECKLEY,  Clk.  H.  D. 


No.  31. 

(Sircular  Letter   to  the   Governours   of  the  several  States. 
Office  for  Foreign  Affairs,  May  3,  178G. 

Sir, — Congress  has  been  pleased  to  order,  that  I  should 
"  report  particularly  and  specially  how  far  the  several 
states  have  complied  with  the  proclamation  of  Congress, 
of  the  14th  January,  1784,  and  the  recommendation  ac- 
companying the  same  pursuant  to  the  definitive  treaty  of 
peace,  between  the  United  States  of  America  and  Great 
Britain." 

In  order  that  I  may  be  able  to  fulfil  the  expectations  of 
Congress,  I  must  request  the  favour  of  your  excellency,  to 
inform  me  whether,  and  how  far  the  state  (or  common- 
wealth) of  has  complied  with  the  recom- 
mendation in  question. 

I  have  the  honour  to  be,  &c. 

JOHN  JAY. 


STATE   PAPERS.  357 

No.  32, 

STATE  OP  NEW  HAMPSHIRE. 

hi  the  year  of  our  Lord,  one  thousand  seven  hundred  and 
eighty-six. 

An  act  in  compliance  with  the  treaty  of  peace,  between 
the  United  States  and  his  Britannick  majesty,  and 
[l.  s.]  with  the  recommendation  of  Congress,  of  the  14th 
of  January,  1784,  founded  thereon. 

Whereas  several  acts  and  laws,  during  the  late  war 
with  Great  Britain,  were  passed  by  this  state,  which  are 
found  to  be  incompatible  with  the  definitive  treaty  of  peace 
and  friendship.  And  whereas  Congress  did,  on  the  1 4th  day 
of  January,  1784,  earnestly  recommend  to  the  legisla- 
tures of  the  respective  states,  to  reconsider  and  revise 
all  their  acts  and  laws  respecting  the  premises,  so  as  to  ren- 
der such  acts  and  laws  perfectly  consistent,  not  only  with 
justice  and  equity,  but  with  that  spirit  of  conciliation, 
which,  on  the  return  of  the  blessings  of  peace  should  uni- 
versally prevail. 

Therefore — Be  it  enacted  by  the  Senate  and  House  of 
Representatives  in  general  court  convened,  That  the 
fourth  article  of  the  said  definitive  treaty,  viz.  It  is  agreed 
that  the  creditors  on  either  side,  shall  meet  with  no  lawful 
impediment  to  the  recovery  ol  the  full  value,  in  sterling 
money,  of  all  bona  fide  debts  heretofore  contracted,  be 
complied  with,  as  far  as  it  respects  this  state ;  and  that 
tlie  subjects  of  his  Britannick  majesty,  shall  meet  with  no 
lawful  impediment  to  the  recovery  of  any  such  debts,  but 
shall  have  a  right  to  recover  the  same,  in  the  manner  and 
way  solemnly  stipulated  in  said  article. 

And  be  it  further  enacted,  that  in  case  any  of  the  estates, 
rights  and  properties  of  any  real  British  subjects,  or  any 
of  the  estates,  rights  and  properties  of  any  person  or  per- 
sons resident  in  any  district  or  districts  which  were  in  the 
possession  of  his  Britannick  majesty's  arms,  between  the 
30th  day  of  November,  1782,  and  the  14th  day  of  Janua- 
ry, 1784,  and  who  have  not  borne  arms  against  the  United 
Slates,  shall  have  been  confiscated,  the  act  or  acts  so  con- 
fiscating, shall  be,  and  hereby  are  repealed  ;  and  persons 
of  any  other  description,  shall  have  free  liberty  to  go  to 


358  AMERICAN 

any  part  or  parts  of  this  state,  (provided  that  within  four- 
teen days  after  their  first  arrival,  they  lodge  their  name? 
in  the  secretary's  office)  and  to  reside  in  any  town,  place 
or  district  herein,  during  the  space  of  one  year,  to  com- 
mence from  the  day  of  their  first  arrival  in  this  state,  and 
no  longer ;  and  to  remain  unmolested  in  their  endeavours 
to  obtain  the  restitution  of  such  of  their  estates,  rights 
and  properties,  as  have  been  confiscated. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
that  the  act  of  this  state,  passed  the  19th  day  of  Novem- 
ber, 1778,  entitled  "An  act  to  prevent  the  return  to  this 
state,  of  certain  persons,  therein  named,  and  of  others  who 
have  left  or  shall  leave  this  state  or  either  of  the  United 
States  of  America,  and  have  joined  or  shall  join  the  ene- 
mies thereof,"  so  far  as  the  same  militates  with  the  said 
articles  of  peace ;  also  the  act  passed  the  28th  day  of 
November,  1778,  entitled  "  An  act  to  confiscate  the  estates 
of  sundry  persons  therein  named,"  together  with  the  addi- 
tional acts  to  the  said  two  acts,  and  all  other  acts  and 
resolves  of  this  state,  so  far  as  they  militate  with  or  are 
Tepugnant  to  the  spirit  and  meaning  of  said  treaty  of 
peace  and  friendship  between  the  United  States  and  his 
Britannick  majesty,  shall  be  and  hereby  are  repealed  and 
made  void. 

State  of  New  Hampshire. 

In  the  House  of  Representatives,  Sept.  15,  1786. 

The  foregoing  bill  having  been  read  a  third  time,  voted 
that  it  pass  to  be  enacted.     Sent  up  for  concurrence, 

JOHN  LANGDON,  Speaker. 


In  Senate,  the  15th  of  Sept.  1786. 
same  be  enacted. 


This  Bill  having  been  read  a  third  time,  voted  that  the 


JiNO:  SULLIVAN,  President. 

Copv  examined,  per 

JOSEPH  PEARSON.  Sec'rv. 


STATE     PAPERS.  359 


No.  33. 

COMMONWEALTH  OP  MASSACHUSETTS. 

In  the  year  of  our  Lord  one  thousand  seven  hundred  and 
eighty-seven. 

An  act  for  repealing  any  acts  or  parts  of  acts,  heretofore 
passed  by  the  legislature  of  this  commonwealth,  which 
may  militate  with,  or  infringe  the  treaty  of  peace  entered 
into  by  the  United  States  of  America  and  Great  Britain. 

Whereas  certain  laws  or  statutes,  made  and  passed  in 
some  of  the  United  States,  are  regarded  and  complained 
of,  as  repugnant  to  the  treaty  of  peace  with  Great  Britain, 
by  reason  whereof  not  only  the  good  faith  of  the  United 
States,  pledged  by  that  treaty,  has  been  drawn  into  ques- 
tion, but  their  essential  interests  under  that  treaty  greatly 
affected. 

And  whereas,  justice  to  Great  Britain  as  well  as  regard 
to  the  honour  and  interests  of  the  United  States,  require, 
that  the  said  treaty  be  faithfully  executed,  and  that  all 
obstacles  thereto,  and  particularly  such  as  do,  or  may  be 
construed  to  proceed  from  the  laws  of  this  commonwealth, 
be  effectually  removed,  therefore, 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives in  general  court  assembled,  and  by  the  authority  of 
the  same,  that  such  of  the  acts  or  parts  of  acts  of  the 
legislature  of  this  commonwealth,  as  may  be  repugnant  to 
ihc  treaty  of  peace  between  the  United  States  and  his 
Britannick  majesty,  or  any  article  thereof,  and  so  far  as 
they  may  be  repugnant  thereto,  shall  be  and  hereby  are. 
repealed;  and  further,  that  the  courts  of  law  and  equity 
within  this  commonwealth  be,  and  they  hereby  are  direct- 
ed and  required,  in  all  causes  and  questions  cognizable  by 
them  respectively,  and  arising  from  or  touching  the  said 
treaty,  to  decide  and  adjudge  according  to  the  tenour, 
'.rue  intent  and  meaning  of  the  same,  any  thing  in  the  said 
acts  or  parts  of  acts  to  the  contrary  thereof,  in  any  wise 
notwithstanding. 

In  the  House  of  Representatives.  April  30,  1787. 
'Thi:i  bill,  having  had  three  several  readings,  passed  to 
he  rriH'  "  d. 

\RTEMAS  WARD.  Speaker. 


360  AMERICAN 

In  Senate,  April  30,  1787. 
This  bill,  having  had  two  several  readings,  passed  to 
be  enacted. 

SAMUEL  PHILLIPS,  Jr.  President. 

By  the  Governour  approved. 

JAMES  BOWDOIN. 
A  true  copy.     Attest, 

JOHN  AVERY,  Jr.  Secretary. 


No.  34. 

State  of  Rhode  Island    and  Providence  Plantations.     In 
General  Assembly,  September  session,  A.  D.  1787. 

Be  it  enacted  by  the  general  assembly,  and  by  the 
authority  thereof  it  is  hereby  enacted,  that  the  treaty  of 
peace  entered  into  between  the.  United  States  of  America 
and  his  Britannick  majesty,  is  fully  binding  upon  all  the 
citizens  of  this  state  as  a  law  cf  the  land,  and  is  not  in  any 
respect  to  be  receded  from,  misconstrued,  or  violated. 

A  true  copy,  witness, 

Hy.  SHERBURNE,  Deputy  Secretary. 


No.  35. 

[l.  s.]  At  a  General  Assembly  of  the  State  of  Connecticut, 
holden  at  Hartford,  on  the  second  Thursday  of 
May,  Anno  Dora.  1787. 

Whereas  the  United  States,  in  Congress  assembled, 
have^by  their  resolution  of  the  ,13th  of  April,  1787,  recom- 
mended to  the  several  states  to  repeal  all  such  acts  and 
parts  of  acts  of  their  several  legislatures,  as  may  be  now 
existing  in  any  of  the  said  states,  repugnant  to  the  treaty 
of  peace  between  the  United  States  and  Great  Britain, 
and  that  each  state  pass  such  act  of  repeal,  whether  any 
such  exceptional  act  is  existing  in  such  state  or  not,  and 
that  rather  by  describing  than  reciting  such  act,  for  the 
purpose  of  obviating  all  disputes  and  questions  between 
the  United  States  and  Great  Britain  relative  to  said  treaty : 
and  although  there  hath  been  no  complaint  or  suggestion. 
officiallv  or  otherwise,  that  there  is  anv  art  or  part  of  an 


STATE  PAPERS.  361 

act  existing  in  this  state  repugnant  to  said  treaty,  yet  thi£ 
assembly,  being  at  all  times  disposed  to  conform  to  the 
true  intent  and  spirit  of  the  articles  of  confederation,  and 
to  prevent  and  remove  (so  far  as  to  this  assembly  doth 
appertain)  all  causes  of  dispute  and  contention,  and  every 
just  ground  of  complaint,  have  thought  fit  to  enact,  and 

Be  it  enacted  by  the  governour,  council,  and  representa- 
tives, in  general  court  assembled,  and  by  the  authority  of 
the  same,  That  such  of  the  acts,  or  parts  of  acts,  of  the 
legislature  of  this  state,  as  are  repugnant  to  the  treaty  of 
peace  between  the  United  States  and  his  Britannick 
majesty,  or  any  article  diereof,  shall  be,  and  hereby  are. 
repealed. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  courts  of  law  and  equity  within  this  state  be,  and 
they  hereby  are  directed  and  required,  in  aM  causes  and 
questions  cognizable  by  them  respectively,  and  arising 
from  or  touching  said  treaty,  to  decide  and  adjudge  ac- 
cording to  the  tenour,  true  intent  and  meaning  of  the 
same,  any  thing  in  the  said  acts,  or  parts  of  acts  to  the 
contrary  thereof  in  any  wise  notwithstanding. 

A  true  copy  of  record,  examined  by 

GEORGE  WYLLYS,  Secretary. 


No.  36. 

Copy  from  the  second  volume  of  the  laws  of  the  State  of  Keib 
Y ork,  published  according  to  an  act  of  the  Legislature. 

An  act  in  the  form  of  the  act  recommended  by  the  resolution  of  the  United 
States  in  Congress  assembled,  of  the  21st  day  of  March,  1787,  to  be, 
passed  by  the  several  states,  relative  to  the  treaty  of  peace  between  the 
United  Status  and  the  king  of  Great  Britain.     Passed  February  22,  1788. 

Whereas  certain  laws  or  statutes,  made  and  passed  in 
some  of  the  United  States,  are  regarded  and  complained 
of  as  repugnant  to  the  treaty  of  peace  with  Great  Britain, 
by  reason  whereof  not  only  the  good  faith  of  the  United 
States,  pledged  by  that  treaty,  has  been  drawn  into  ques- 
tion, but  their  essential  interests,  under  that  treaty,  greatly 
affected.  And  whereas  justice  to  Great  Britain,  as  well  as 
regard  to  the  honour  and  interests  of  the  United  States, 
require  that  the  said  treaty  be  faithfully  executed,  and  that 
all  obstacles  thereto,  and  particularly  such  as  do.  or  may 
vou  i*  46 


,36L2  AMERICAN 

be  construed  to  proceed  from  the  laws  of  this  state,  be 
effectually  removed :  Therefore, 

Be  it  enacted,  by  the  people  of  the  state  of  New  York, 
represented  in  senate  and  assembly,  and  it  is  hereby  en- 
acted by  the  authority  of  the  same,  That  such  of  the  acts 
and  parts  of  acts  of  the  legislature  of  this  state,  as  are 
repugnant  to  the  treaty  of  peace  between  the  United 
States  and  his  Britannick  majesty,  or  any  article  thereof, 
shall  be  and  hereby  are  repealed.  And  further,  that  the 
courts  of  law  and  equity,  within  this  state,  be,  and  they 
hereby  are  directed  and  required,  in  all  causes  and  ques- 
tions, cognizable  by  them  respectively,  and  arising  fronu 
or  touching,  the  said  treaty,  to  decide  and  adjudge  accord- 
ing to  the  tenour,  true  intent  and  meaning  of  the  same  > 
any  thing  in  the  said  acts,  or  parts  of  acts,  to  the  contrary 
thereof,  in  any  wise,  notwithstanding. 


No.  37. 

in  the  twelfth  year  of  the  independence  of  the  Delaware 
state.  At  a  session  of  the  General  Assembly,  commenced 
at  Dover,  on  the  twentieth  day  of  October,  1787,  and 
continued,  by  adjournment,  to  the  2i  day  of  February 
following,  inclusive,  the  following  acts  were  passed,  that 
is  to  say : 

Ah  act  for  repealing  all  acts,  or  parts  of  acts,  repugnant  to  the  treaty  ol 
peace  between  the  United  States  and  his  Britannick  Majesty,  or  any 
article  thereof. 

Whereas  certain  laws  or  statutes,  made  and  passed  in 
some  of  the  United  States,  are  regarded  and  complained 
of,  as  repugnant  to  the  treaty  of  peace  with  Great  Britain ; 
by  reason  whereof,  not  only  the  good  faith  of  the  United 
States,  pledged  by  that  treaty,  has  been  drawn  into  ques- 
tion, but  their  essential  interests,  under  that  treaty,  greatly 
affected. 

And  whereas  justice  to  Great  Britain,  as  well  as  regard 
to  the  honour  and  interests  of  the  United  States,  require, 
that  the  said  treaty  be  faithfully  executed,  and  that  all 
obstacles  thereto,  and  particularly  such  as  do  or  may  be 
construed  to  proceed  from  the  laws  of  this  state,  be  effec- 
tually removed :  Therefore, 


STATE  PAPERS.  363 

I,  Be  it  enacted,  by  the  general  assembly  of  Delaware, 
and  it  is  hereby  enacted  by  the  authority  of  the  same, 
That  such  of  the  acts,  or  parts  of  acts,  of  the  legislature 
of  this  state,  as  are  repugnant  to  the  treaty  of  peace 
between  the  United  States  and  his  Britannick  majesty,  or 
any  article  thereof,  shall  be  and  hereby  are  repealed. 

And  further,  That  the  courts  of  law  and  equity,  within 
this  state,  be,  and  they  hereby  are  directed  and  required, 
in  all  causes  and  questions  cognizable  by  them  respec- 
tively, and  arising  from,  or  touching  the  said  treaty,  to 
decide  and  adjudge  according  to  the  tenqur,  true  intent 
and  meaning  of  the  same ;  any  thing  in  the  said  acts,  or 
parts  of  acts,  to  the  contrary  thereof,  in  any  wise,  not- 
withstanding. 

Signed,  by  order  of  the  House  of  Assembly, 

JEHU  DAVIS,  Speaker. 

Signed  by  order  of  the  Council, 

THOMAS  M'DONOUGH,  Speaker. 

Passed  at  Dover,  Feb.  2,  1788. 


No.  38. 

An  act  declaring  the  treaty  of  peace  between  the  United 
States  and  his  Britannick  Majesty,  the  supreme  law  within 
this  state. 

Be  it  enacted  by  the  general  assembly  of  Maryland, 
and  it  is  hereby  declared,  That  the  treaty  of  peace  made 
between  the  United  States  of  America,  and  his  Britannick 
.majesty,  is  the  supreme  law  within  this  state,  and  shall  be 
so  considered  and  adjudged  in  all  courts  of  law  and  equity, 
and  all  causes  and  questions  cognizable  by  the  said 
courts,  respectively  ought,  and  shall  be  determined  ac- 
cording to  the  said  treaty,  and  the  tenour,  true  intent  and 
meaning  thereof. 

By  the  Senate,  May  14th,  1787. 

Road  and  assented  to.  By  order, 

J.  DORSEY,  Clerk. 


364  AMERICAN 

By  the  House  of  Delegates,  May  15,  1787. 
Read  and  assented  to.  By  order. 

WM.  HARWOOD,  Clerk. 

W.  SMALLWOOD. 

QThe  great  Seal,  in  wax  appendant.] 

In  testimony,  that  the  aforegoing  is  a  true  copy  from 
the  original  act  of  the  general  assembly  of  Mary- 
land, remaining  in  the  general  court,  I  have  hereto 
set  my  hand,  and  affixed  the  seal  of  office,  this  29th 
day  of  June,  in  the  year  of  our  Lord  1787. 

THOS.  B.  HODGKIN, 
Clerk  G.  Ct.  W.  Shore. 


[L.8.] 


No.  39. 

Copy  of  an  act  of  the  General  Assembly  of  Virginia,  passed 
December  12,  1787. 

An  act  to  repeal  so  much  of  all  and  every  act  or  acts  of 
Assembly,  as  prohibits  the  recovery  of  British  debts. 

Whereas  it  is  stipulated  by  the  fourth  article  of  the 
treaty  of  peace  between  the  king  of  Great  Britain  and  the 
United  States  of  America,  in  Congress  assembled,  that 
creditors  on  either  side  shall  meet  with  no  lawful  impedi- 
ment in  the  recovery  of  the  full  value,  in  sterling  money, 
of  all  bona  fide  debts  heretofore  contracted.  Be  it  there- 
fore enacted  by  the  general  assembly,  that  such  of  the 
acts  or  parts  of  acts,  of  the  legislature  of  this  common- 
wealth, as  have  prevented,  or  may  prevent  the  recovery 
of  debts  due  to  British  subjects,  according  to  the  true 
intent  and  meaning  of  the  said  treaty  of  peace  shall  be,  and 
are  hereby  repealed. 

Provided,  That  this  act  shall  be  suspended,  until  the 
governour,  with  the  advice  of  council,  shall  by  his  procla- 
mation notify  to  this  state,  that  Great  Britain  hath  de- 
livered up  to  the  United  States,  the  posts  therein  now 
occupied  by  British  troops,  which  posts  were  stipulated 
by  treaty  to  be  given  up  to  Congress  immediately  after 
the  conclusion  of  peace ;  and  is  also  taking  measures 
for  the  further  fulfilment  of  the  said  treaty,  by  delivering 
up  the  negroes  belonging  to  the  citizens  of  this  state. 


STATE  PAPERS.  365 

taken  away  contrary  to  the  seventh  article  of  the  treaty, 
or  by  making  such  compensation  for  them,  as  shall  be 
satisfactory  to  Congress. 


No.  40. 

An  act  declaring  the  treaty  of  peace  between  the  United 
States  of  America  and  the  king  of  Great  Britain,  to  be 
part  of  the  law  of  the  land. 

Be  it  enacted  by  the  general  assembly  of  the  state  of 
North  Carolina,  and  it  is  hereby  enacted  by  the  authority 
of  the  same,  That  the  articles  of  the  definitive  treaty  be- 
tween the  United  States  of  America  and  the  king  of  Great 
Britain,  are  hereby  declared  to  be  part  of  the  law  of  the 
land. 

And  be  it  further  enacted  by  the  authority  aforesaid, 
That  the  courts  of  law  and  equity,  are  hereby  directed  in 
all  causes  and  questions,  cognizable  by  them,  respecting 
the  said  treaty,  to  judge  accordingly. 

Read  three  times,  and  ratified  in  general  assembly,  the 
22d  day  of  December,  1787. 

ALEX.  MARTIN,  S.  S. 
JNO.  SITGREAVES,  S.  C. 


No.  41. 

Copy  of  a  Letter  from  his  Excellency  William  Livingston, 
Governour  of  New  Jersey,  to  the  Honourable  John  Jay, 
Secretary  for  Foreign  Affairs,  Elizabeth-town,  1  bth  June, 
1786. 

Sir, — I  have  been  honoured  with  your  letter  of  the  3d 
of  May,  informing  me,  that  Congress  has  been  pleased  to 
order,  that  you  should  u  report  particularly  and  specially, 
how  far  the  several  states  have  complied  with  the  procla- 
mation of  Congress,  of  the  14th  January,  1784,  and  the 
recommendation  acompanying  the  same,  pursuant  to  the 
definitive  treaty  of  peace  between  the  United  States  of 
America  and  Great  Britain  ;"  and  requesting  me  to  inform 
you,  "whether,  and  how  far,  the  state  of  New  Jersey  has 
complied  with  the  recommendation  in  question."  In  an- 
swer to  which,  I  can  only  inform  you,  in  general,  that  I  do 


.766*  AMERICAN 

not  know  of  a  single  instance,  in  which  this  state  has  not 
strictly  complied  with  the  said  proclamation,  as  well  as 
with  the  said  recommendation,  as  far  as,  by  the  said 
treaty,  the  United  States  were  bound  to  comply  with 
such  recommendation. 

I  have  the  honour  to  be,  &c. 

WIL.  LIVINGSTON. 
The  Hon.  John  Jay,  Esq. 

No.  42. 

Extract  of  a  Letter  from  Richard  Stockton,  Esq.  Attorney 
of  the  United  States  for  New  Jersey  district,  to  the  Honour- 
able Thomas  Jefferson,  Secretary  of  State,  dated  llth  De- 
cember, 1790. 

I  am  happy  in  being  able  to  inform  you,  that  no  laws 
have  been  enacted  in  New  Jersey,  contravening  the  treaty 
of  peace. 

The  only  judiciary  decision,  affecting  the  rights  of  Bri- 
tish subjects,  in  the  state  courts,  was  the  opinion  of  a  sin- 
gle judge  (without  the  point  coming  solemnly  before  the 
court  upon  argument)  delivered  in  a  charge  to  a  jury  ;  by 
which  he  directed  the  jury  to  make  a  deduction  of  interest 
upon  an  old  bond,  during  the  period  of  the  late  war. 

How  far  this  may  be  said  to  infringe  the  rights  of  British 
subjects,  you  will  judge. 

I  have  the  honour  to  be,  &c. 

RD.  STOCKTON,  Attorney 

of  the  New  Jersey  District. 

His  Excellency  Thomas  Jefferson. 


No.  43. 
In  General  Assembly.     Monday,  March  3,  1730,  P.  M. 

The  report  of  the  committee,  on.  that  part  of  the  mes- 
sage from  council,  which  respects  the  resolution  of  Con- 
gress, of  the  21st  of  March  last,  read  March  1st,  was  read 
the  second  time :  Whereupon, 

Resolved,  That  his  excellency  the  president,  and  the 
honourable  the  supreme  executive  council,  be  informed, 
that  this  house,  having,  by  their  committee,  carefully  ex- 
amined inlo  (he  subject  matter  of  that  part  of  the  sard 


STATM    PAPERS.  367 

message,  which  recommends  to  the  notice  of  this  house 
the  resolution  of  Congress,  passed  March  21st,  1787,  and 
suggests  the  propriety  of  passing  a  declaratory  act  to  an- 
swer the  end  intended  by  the  said  resolution  ;  they  cannot 
find,  that  there  is  any  act  or  acts,  or  any  part  or  parts  of 
any  act  or  acts,  passed  by  the  legislature  of  Pennsylvania, 
now  in  force,  which  are  repugnant  to  the  treaty  of  peace 
between  the  United  States  and  his  Britannick  majesty,  or 
to  any  articles  thereof,  or  that  at  all  tend  to  restrain,  limit, 
or  in  any  manner  impede,  retard,  or  counteract,  the  opera- 
tion and  execution  thereof,  or  to  explain  the  same. 


No.  44. 

Copy  of  a  Letter  from  his  Excellency  William  Moultrie,  Ga- 
vernour  of  South  Carolina,  to  the  Hon.  John  Jay,  Secre- 
tary for  Foreign  Affairs.  Charleston,  South  Carolina, 
June  21,  1786. 

Sir, — I  have  been  honoured  with  your  favour  of  3d 
May,  requesting  to  know,  for  the  information  of  Congress, 
how  far  this  state  has  complied  with  the  proclamation  and 
recommendation  of  Congress  of  the  Hth  January,  1784. 

The  subjects  of  Great  Britain  have  encountered  no 
other  difficulties  or  impediments  than  have  the  citizens  of 
America,  in  the  recovery  of  their  debts ;  such  was  the 
situation  of  the  state,  that  the  legislature  conceived  it 
necessary  to  pass  laws  tantamount  to  the  shutting  the 
courts ;  and  in  this  case,  even  British  subjects,  who  had 
property  among  us,  were  saved  from  ruin  equally  as  those 
of  America. 

Agreeably  to  the  5th  article  of  the  treaty,  which  Con- 
gress earnestly  recommended,  this,  state,  upon  serious 
consideration,  very  liberally  complied  with  that  recom- 
mendation, and  restored  most  of  the  estates  that  were 
under  confiscation :  the  property  carried  oft'  by  the  Bri- 
tish, and  belonging  to  the  citizens  of  the  state,  far  exceeded 
in  value  the  property  which,  by  our  laws,  lias  been  conhV 
rated  and  sold  :  and  no  subsequent  act  of  confiscation  ha.-> 
taken  place  to  the  above  recommendation  of  Congress. 

This  state  passed  an  act,  February  26th,  1782,  to  pre- 
vent the  recovery  of  dubts  :  and  this  being  done  prior  to 
'"he  treaty  of  peace,  and  since- continued,  from  time  to  time. 


368  AMERICAN 

in  force,  could  not  possibly  have  in  view  to  distress  the 
British  subjects. 

The  treaty  of  peace  also  required  twelve  months  to  be 
allowed  banished  persons,  and  others  attached  to  British 
government,  to  settle  their  affairs.  This  state  has  gene- 
rously added  three  months  more  to  the  twelve  ;  and  in 
some  instances,  upon  application,  it  has  been  further  ex- 
tended by  the  executive.     I  have  the  honour  to  be,  &c. 

WILLIAM  MOULTRIE. 

Hon.  John  Jay,  Esq. 


No.  45. 

Mx  tract  of  a  Letter  from  Richard  Harrison,  Esq.  Attorney  of 
the  United  States  for  the  District  of  New  York,  to  the  Se- 
cretary of  State,  dated  New  York,  Dec.  4,  1790. 

The  act  relative  to  debts  due  to  persons  within  the 
enemy's  lines  appears  to  have  been  passed  even  before 
the  provisional  articles  were  concluded  between  Great 
Britain  and  the  United  States.  It  cannot  therefore  be 
considered  as  an  infraction  of  a  treaty  not  existing  until 
several  months  after,  which  at  most  could  only  be  contem- 
plated as  probable,  and  was  perhaps  considered  as.  barely 
possible. 

Whatever,  therefore,  might  be  the  nature  or  tendency  of 
this  act,  its  origin  was  not  exceptionable,  as  interfering 
with  any  national  compact.  The  act,  besides  a  temporary 
restraint  upon  commencing  any  suits  by  persons  who  had 
been  with  the  enemy  (which  was  removed  soon  after  the 
peace)  subjected  such  persons  to  the  loss  of  interest  upon 
their  debts,  from  1st  January,  1776,  made  them  liable  to 
an)7  farther  abatement,  even  of  the  principal,  which  refe- 
rees might  think  proper,  and  obliged  them  to  receive  the 
balance  in  publick  securities. 

The  operation  of  this  act  became,  soon  after  the  peace, 
a  subject  of  much  complaint,  grounded  upon  that  article  of 
the  treaty  which  forbids  any  impediment  to  the  recovery 
of  the  full  value  in  sterling  money  of  all  bona  fide  debts, 
and  that  which  declares  that  no  person  shall  suffer  any 
future  loss  in  his  person,  liberty,  or  property. 
.  With  regard  to  British  creditors,  who  were  supposed  to 
be  the  proper  objects  of  the  4th  article  of  the  treaty,  the 


STATE    PAPERS.  369 

superior  courts  of  the  state  soon  restrained  the  operation 
of  the  act,  and  I  do  not  know  a  single  instance  where  they 
have  been  held  to  be  affected  by  it. 


No.  46. 

The  following  are  the  material  facts  in  relation  to  the  case 
of  Rutgers  against  Waddington,  as  far  as  they  are  now 
recollected,  and  a  confidence  is  entertained  that  the 
statement  is  substantially  accurate. 

The  suit  was  brought  in  the  mayor's  court  of  the  city 
of  New  York,  for  the  occupation  and  injury  of  a  brew- 
house  in  that  city,  during  the  possession  of  it  by  the  Bri- 
tish army,  founded  upon  an  act  of  the  state  of  New  York, 
entitled,  "  An  act  for  granting  a  more  effectual  relief  in 
cases  of  certain  trespasses,"  which  gives  remedy  by  ac- 
tion of  trespass  to  all  citizens  who  had  resided  without 
the  enemy's  lines,  against  those  who  had  resided  within 
those  lines,  wherever  the  property  of  the  former  had  been 
occupied,  injured,  destroyed,  purchased,  or  received  by 
the  latter,  declaring,  "  that  no  defendant  should  be  admit- 
ted to  plead  in  justification  any  military  order  or  command 
whatever  of  the  enemy  for  such  occupancy,  injury,  des- 
truction, purchase  or  receipt,  nor  to  give  the  same  in  evi- 
dence on  the  general  issue."  This  act  was  passed  sub- 
sequent to  the  provisional,  but  prior  to  the  definitive 
treaty.  The  fact  was,  that  thp  defendant  had  occupied 
the  brewhouse  in  question,  under  regular  authority.of  the 
British  army,  proceeding,  for  a  part  of  the  time,  imme- 
diately from  the  commander  in  chief,  and  for  another  part 
of  it  from  the  quarter  master  general,  and  had  even  paid 
rent  for  the  use  of  it. 

Several  pleas  were  pleaded  for  the  different  portions  of 
time  corresponding  with  the  state  of  the  fact,  one  alleging 
the  occupation  under  the  immediate  order  of  the  comman- 
der in  chief,  the  other  under  that  of  the  quarter  master 
general, 

Tha  particulars  of  the  pleas  appear  to  Jje  accurately 
slaled  in  Mr.  Hammond's  memorial. 

The  court  allowed  the  plea  which  alleged  the  occupa- 
tion under  the  immediate  authority  of  the  commander  ,in 
vol.   I.  47 


3?0  AMERICAN 

chiefr  and  overruled  the  other,  giving  judgment  for  the 
plaintiff  for  the  portion  of  time  covered  by  the  latter.  The 
ground  of  distinction  was,  that  it  could  not  be  in  the 
course  of  service  for  a  quarter  master  general  to  let  out 
brewhouses. 

The  force  of  the  treaty  to  overrule  the  inhibition  against 
pleading  a  military  order  was  admitted  by  the  decision, 
which  allowed  in  fact  the  validity  of  such  an  order,  when 
proceeding  from  the  commander  in  chief. 

But  a  writ  of  errour  was  brought  by  the  defendant  to 
reverse  the  judgment  in  the  supreme  court,  and  pending 
that  writ,  a  voluntary  compromise  between  the  parties  took 
place,  which  superseded  its  prosecution  to  a  final  decision. 
A  sum  of  money  was  paid  by  the  defendant  in  consequence 
of  this  compromise. 

It  is  however  but  candour  to  acknowledge,  that  from 
the  uncertainty  of  the  event,  the  desire  of  the  defendant  to 
compromise  as  a  prudential  course  was  not  discouraged 
by  his  counsel. 

It  is  not  recollected  that  any  decision  ever  took  place  in 
the  supreme  court  of  the  state,  giving  effect  to  the  inhi- 
bition above  mentioned,  ft  is  believed  that  none  ever 
did. — The  exceptionable  clause  was  repealed,  by  an  act 
of  the  4th  of  April,  1787,  which  put  an  end  to  the  ques- 
fion.  I  acted  as  attorney  and  counsel  for  the  defendant. 
ALEXANDER  HAMILTON. 

Philadelphia,  April  19,  1792. 


No.  47. 

Philadelphia,  April  11,  1792. 

Sir, — Having  been  accidentally  present  at  the  exami- 
nation of  the  witnesses  against  John  Smith  Hatfield,  taken 
before  the  proper  magistrate,  in  New  Jersey,  on  a  hab. 
corpus  brought  by  Hatfield  to  obtain  an  order  for  bail  or 
discharge,  I  have  taken  the  liberty  to  give  the  substance 
of  the  testimony.  Hatfield  was  an  inhabitant  of  Eliza- 
bethtown,  in  N<ew  Jersey,  and  went  over  to  the  British  in 
1778.  A  certain  Mr.  Ball,  also  an  inhabitant  of  New 
Jersey,  used  to  supply  the  British  on  Staten  Island  with 
provisions  by  stealth,  it  being  contrary  to  our  law.  A  spy 
having  been  taken  in  our  lines  who  had  been  a  refugee. 


STATE    PAPERS,  371 

was  tried  by  a  court  martial  and  executed.  \  The  next  time 
Ball  went  over  to  the  island  with  provisions,  the  refugees, 
of  whom  Smith  Hatfield  was  one,  seized  him,  and  threaten- 
ed to  execute  him  in  retaliation.  The  British  command- 
ing officer  expressly  forbade  it,  on  which  they  determined 
to  take  him  out  of  the  British  lines,  and  within  ours,  and 
there  execute  him.  The  commanding  officer  sent  for  the 
witness,  and  after  inquiring  into  the  character  of  Ball, 
told  the  witness  that  he  had  forbade  it,  but  still  feared 
that  they  would  put  their  threats  into  execution  by  re- 
moving Ball  without  his  jurisdiction.  But  if  they  should, 
the  officer  desired  witness  to  inform  our  people  that  the 
British  had  nothing  to  do  with  it,  and  that  the  persons 
guilty  of  the  crime  must  answer  alone  for  it.  On  witness's 
return,  he  saw  a  boat  with  a  number  of  men,  among  whom 
Hatfield  was  one,  passing  over  to  Bergen  shore,  he  saw 
them  land,  take  a  man  who  was  tied  out  of  the  boat,  and 
lead  him  to  a  tree,  place  him  on  a  table,  and  one  of  the 
number  tie  a  rope  that  was  round  his  neck  to  a  limb  of  the 
tree,  and  take  the  table  from  under  him,  whereby  he  was 
left  hanging.  Witness  waited  at  the  tavern  till  their  re- 
turn, when  he  heard  Hatfield  say,  that  he  had  hanged 
Ball,  and  wished  he  had  many  more  rebels,  he  would 
repeat  it  with  pleasure. 

Sometime  afterwards  Hatfield  showed  witness  the  tree 
on  which  he  said  he  had  hanged  Ball,  and  where  he  was 
buried. — On  this  evidence,  and  other  corroborating  testi- 
mony, the  magistrate  took  the  matter  into  consideration, 
but  on  examining  the  hab.  corpus  and  finding  it  had  issued 
at  common  law,  and  not  under  the  statute,  and  knowing 
that  he  acted  merely  in  a  summary  way,  determined  that 
it  would  be  highly  imprudent  for  him  to  decide  so  great  a 
a  question,  and  one  in  which  the  treaty  of  peace  was  in- 
volved, on  so  slight  a  consideration,  when  the  court  was 
near  at  hand,  he  concluded  to  remand  the  prisoner  to 
Newark  gaol,  where  he  had  nearly  lost  his  life  by  his 
debaucheries. 

At  the  meeting  of  the  court  in  Bergen  county  (in  which 
the  crime  was  committed)  the  evidence  did  not  attend, 
whereupon  the  court  adjourned  the  business  till  the  next 
court,  and  considering  the  peculiar  situation  of  the  prisoner, 
thought  proper  to  bail  him,  but  Hatfield  immediately  rah 
away  and  never  again  returned. 


372  AMERICAN 

The  bail  have  applied  to  the  legislature  for  relief 
against  their  recognisance,  and  I  believe  have  been  dis- 
charged. 

These  are  the  facts,  in  short,  as  far  as  my  memory  will 
serve  me,  my  colleagues  not  knowing  of  this  matter,  but 
from  general  report,  could  say  nothing  but  what  arose 
therefrom. — I  cannot  ascertain  the  year  this  happened 
with  certainty,  but  believe  it  was  in  1788.  If  it  should  be 
necessary  the  affidavits  may  be  produced,  as  they  are  with 
the  judge,  or  among  the  files  of  the  court. 
I  have  the  honour  to  be,  &c. 

ELIAS  BOUDINOT. 

The  Hon.  the  Secretary  of  State. 

Since  writing  the  above,  Mr.  Boudinot  is  well  informed 
that  Hatfield's  counsel  has  advised  his  bail  to  plead  to  the 
action  against  them  on  the  recognisance,  as  they  consider 
them  as  not  legally  bound  to  pay  the  forfeiture,  and  not  to 
apply  to  the  legislature  for  redress.  This  has  been  done 
some  time  past,  since  which  the  attorney  general  has  not 
moved  the  question. 

No.  48. 

I  do  hereby  certify,  that  there  never  has  been  either 
originally  instituted  in  the  supreme  court  of  the  United 
States  or  removed  there,  from  any  inferior  court  of  the 
United  States,  any  suit  or  claim  between  a  subject  of  the 
king  of  Great  Britain  on  the  one  part  and  a  citizen  or 
citizens  of  the  United  States  on  the  other.  As  witness 
my  hand, 

SAMUEL  BAYARD,  Clk.  of  the  supreme  court  of 

the  United  States. 

Philadelphia,  April  25,  1792. 

No.  49. 

The  subscribing  senators  and  representatives  of  the 
state  of  Maryland  in  the  Congress  of  the  United  States, 
in  reply  to  the  inquiries  addressed  to  them  by  the  Secre- 
tary of  State,  not  having  in  this  city  the  necessary  docu- 
ments, to  which  they  might  particularly  refer,  can  onty 
inform  him  generally. 


STATE  PAPERS.  373 

That  soon  after  the  pacification  between  these  states 
und  Great  Britain,  complaints  of  an  obstruction  to  the 
recovery  of  British  debts  in  some  of  the  states,  by  his 
Britannick  majesty's  minister  Mr.  Pitt,  were  transmitted 
by  Congress  to  the  several  states,  accompanied  by  a 
requisition  of  that  honourable  body,  that  laws  should  be 
passed  to  secure  the  effectual  observance  of  the  treaty. 
The  legislature  of  Maryland  in  consequence  thereof  enact- 
ed a  law  declaring  the  treaty  the  supreme  law  of  the  land, 
which  was  in  reality  but  a  compliance  in  form  with  what 
had  in  effect  taken  place,  immediately  after  the  exchange 
of  the  ratifications  of  the  definitive  treaty.  British  suits 
having  been  maintained  from  that  period  in  the  superior 
and  inferior  tribunals  throughout  the  state,  without  any 
obstruction  whatever,  to  our  knowledge,  except  in  one 
instance  in  the  county  of  Charles,  wherein  a  lawyer 
thought  it  advisable  to  withdraw  some  actions  of  this  de- 
scription, from  a  dread  of  popular  interference.  But  on 
the  speedy  interposition  of  authority  those  suits  were  all 
restored,  and  the  persons  concerned  brought  to  a  proper 
sense  of  their  misconduct :  from  that  event  to  the  present, 
British  claimants,  as  well  under  contracts  previous  to  the 
late  war,  as  since,  have  in  every  instance  enjoyed  every 
facility  in  the  tribunals  of  justice  of  Maryland,  equally  with 
her  own  citizens.  They  have  recovered  in  due  course  of 
law  and  remitted  to  Great  Britain  large  debts  of  either 
description. 

It  is  however  to  be  understood,  that  the  cases  of  persons 
who  during  the  late  war  paid  debts,  contracted  previously 
thereto,  into  the  treasury  of  Maryland,  by  virtue  of  and  in 
conformity  with  two  acts  of  that  state  of  1780,  chapter  5th 
and  45th,  have  presented  to  the  courts  of  that  country  an 
important  question  involving  principles  of  much  nicety  and 
extensive  national  importance,  which  if  not  analogous  to, 
and  expressly  protected  by  the  laws  of  nations,  and  pre- 
cedents drawn  from  other  countries,  were  yet  of  novel  im- 
pression in  America,  and  required  much  deliberation.  A 
variety  of  such  suits  were  brought ;  the  usual  steps  were 
regularly  and  without  interruption  pursued ;  the  gentlemen 
at  the  bar  of  the  supreme  common  law  court  were  nearly 
equally  divided,  on  the  different  sides  of  these  claims,  and 
it  was  finally  agreed  between  them  to  select  some  one 
for  trial,  on  the  fate  of  which  the  rest  should  depend*    The 


.374  AMERICAN 

case  of  Mildred  against  Dorsey,  which  i3  particularly  men- 
tioned by  the  Secretary,  was  the  individual  case  so  select- 
ed, and  after  a  full  hearing,  the  court  determined  against 
the  American  citizens  in  favour  of  the  British  claimants  ; 
on  which  an  appeal  was  entered,  as  is  usual  in  all  cases 
of  consequence,  and  that  cause  together  with  all  others 
similarly  circumstanced,  wherein  new  security  could  be 
procured  by  the  defendant,  removed  to  the  high  court  of 
appeals  of  Maryland,  where  it  now  remains  for  final  deci- 
sion, and  where  it  will  be  tried  as  soon  as  the  accustomed 
legal  forms  are  complied  with.  Throughout  the  whole 
progress  of  this  suit,  there  has  been  no  delay  on  the  part 
of  the  courts  or  the  defendants ;  all  the  forms  have  been 
conducted  upon  the  principle  of  mutual  agreement  between 
the  counsel  on  either  party. 

With  respect  to  the  case  of  Harrison's  representatives : 
— On  the  disclosure  of  facts  made  by  the  trustees  of  the 
will  of  Harrison  on  oath,  in  chancery,  in  consequence  of 
the  claim  made  by  the  attorney  general,  in  behalf  of  the 
state,  the  chancery  court  determined  it  in  favour  of  the 
state,  it  is  believed  on  this  principle,  that  however  Great 
Britain  might  consider  the  antenati,  as  subjects  born,  and 
that  they  could  not  divest  themselves  of  inheritable  quali- 
ties, yet  that  the  principle  did  not  reciprocate  on  America, 
as  those  antenati  of  Great  Britain  could  never  be  consider- 
ed as  subjects  born  of  Maryland. 

The  legislature  however  took  the  matter  up  and  passed 
an  act  relinquishing  any  right  of  the  state,  and  directing 
the  intention  of  the  testator  to  take  effect,  notwithstanding 
such  right.  It  is  conceived,  that  this  was  a  liberal  and 
voluntary  interposition,  on  the  part  of  the  legislature,  in 
behalf  of  the  representatives  of  Harrison,  who  are  at  liberty 
fo  pursue  their  claim. 

Jno.  Henry,  Ch.  Carroll,  of  Carrollton,  John  F.  Mer- 
ger, Samuel  Sterret,  Josa.  Seney,  W.  V.  Murray, 
Philip  Key,  Upton  Sheredine. 

No.  50. 

Extract  of  a  Letter  from  William  Tilghman,  Esq.  to 
dated  Chester  Town,  April  26,  1792. 

Dear  Sir, — Your  favour  of  the  15th  instant  found  me 
M  Easton.     There  is  no  doubt  but  British  subjects  have 


STATE    JPAfERS..  375 

uniformly  been  permitted  to  recover  from  the  citizens  of 
Maryland  their  debts  due  on  causes  of  action  existing 
before  the  late  war. — The  only  dispute  has  been  about 
the  interest  which  accrued  during  the  war.  Our  courts 
have  decided  the  point  of  interest  against  the  British  cre- 
ditor.— But  this  decision  has  been  founded  on  general 
principles,  and  not  on  any  act  of  assembly  contravening 
the  treaty  of  peace. 

We  have  recognised  that  treaty  as  the  law  of  the  land 
by  a  particular  act  of  assembly,  and  our  judges  have  given 
one  very  striking  proof  of  their  impartiality  in  the  con- 
struction of  it.  I  allude  to  the  decision  of  the  general 
court  in  favour  of  British  creditors  against  a  number  of 
Maryland  citizens,  who,  during  the  war,  deposited  paper 
money  in  the  treasury,  under  the  sanction  of  a  law  at  that 
time  existing,  in  satisfaction  of  their  debts.  Whether  the 
treaty  should  have  such  retrospect  as  to  avoid  these  pay- 
ments, was  certainly  a  doubtful  point. 

It  would  be  endless  to  enumerate  the  particular  instances 
of  British  debts  recovered.  One  or  two  I  will  mention,  of 
a  stronger  nature  than  common,  which  have  fallen  within 
my  own  knowledge.  Cn.  Christie,  whose  estate  (except 
his  debts)  was  confiscated,  for  adhering  to  the  British 
army,  recovered  upwards  of  1200/.  sterling  from  Col. 
Richard  Graves,  of  this  county,  on  a  judgment  obtained 
before  the  revolution. — Mr.  George  Rome,  of  London, 
received  from  the  state  of  Maryland  upwards  of  1700/. 
currency,  on  a  claim  which  he  had  against  Col.  Chalmers 
of  the  British  army,  whose  estate  had  been  seized  by  the 
state  on  an  attainder  of  treason.  In  short,  it  is  notorious 
that  we  have  complied  with  the  true  spirit  of  the  treaty, 
and  that  our  government  has  thrown  no  legal  impediment 
in  the  way  of  the  recovery  of  debts  due  to  British  subject?* 
from  our  citizens,  prior  to  the  revolution. 
I  am,  dear  sir,  &c. 

WM.  TILGIIMAN. 


No.  51. 

Annapolis,  April  23,  1792. 

Dear  Sir, — Your  favour  of  the  15th  instant  rorne  safe 
i'o  hand,  and  on  examining  the  records  of  our  court,  I  find 


37<1  AMERICAN 

a  number  of  suits,  commenced  by  British  merchants, 
against  citizens  of  this  state,  for  debts  contracted  before 
the  revolution,  in  which  judgments  have  been  universally 
rendered,  and  carried  into  execution  ;  the  plaintiffs  in 
every  case  released  the  interest  during  the  war.  James 
Gordon  and  others  have  brought  at  least  a  hundred  suits, 
since  the  year  eighty-five,  for  old  debts,  and  recovered 
judgments  :  John  Buchanan  and  Co.  have  also  brought  a 
number  of  suits,  in  which  they  have  also  obtained  judg- 
ments ;  one  in  particular,  against  Charles  Ridgely,  son  of 
William  of  Baltimore  county,  for  a  very  considerable  debt, 
in  which  a  payment  into  the  treasury  was  plead,  and  proven 
to  have  been  made  agreeably  to  our  act  of  assembly  ;  in 
this,  and  several  other  similar  cases,  the  court  on  a  case 
stated,  gave  judgment  for  the  plaintiffs  for  the  full  sum 
due,  with  interest,  except  the  interest  during  the  war,  com- 
puted from  the  4th  July,  1776,  to  the  3d  September,  1783. 
Spears,  French,  and  Co.  James  Russell's  administrator, 
and  several  other  British  merchants,  have  brought  suits 
for  debts  of  the  above  description,  and  recovered  judg- 
ments with  as  much  facility  as  one  citizen  against  another 
could  do.  I  could  with  ease  give  you  the  parties  names, 
in  all  the  judgments  rendered  in  our  court,  of  the  descrip- 
tion you  mention,  but  from  your  letter,  I  imagine  a  few 
will  answer.  I  have  therefore  only  selected  such  as  you 
will  observe  at  the  foot  of  this  letter.     I  am,  dear  sir,  &c. 

JNO.  GWINN. 

James  Gordon,  formerly  the  house  of  John  Glassford 
and  Co.  vs.  Judith  Chase.  James  Gordon,  formerly  of  the 
house  of  John  Glassford  and  Co.  vs.  George  Dent.  John 
Buchanan  and  Co.  vs.  Charles  Ridgely,  of  William.  John 
Buchanan  and  Co.  vs.  Samuel  Lane.  Cunningham,  Find- 
lay,  and'Co.  vs.  John  Belt.  Cunningham,  Findlay,  and  Co. 
vs.  Nicholas  L.  Sewell.  George  and  Andrew  Buchanan, 
vs.  Randolph  Brandt.  George  and  Andrew  Buchanan, 
vs.  Richard  Brandt.  James  Gierke,  admr.  of  Jas.  Rus- 
sell, vs.  Joseph  Davis.  James  Gierke,  admr.  of  Jas.  Rus- 
sell, vs.  Joseph  Wilkinson.  Thomas  Stewardson,  admr. 
of  Daniel  Mildred,  vs.  Edward  Dorsey,  son  of  Jno.  Tho- 
mas Stewardson,  admr.  of  Daniel  Mildred,  vs.  John  F. 
Bowie.  Spears,  French,  and  Co.  vs.  Robert  Warfield. 
Spears,  French,  and  Co.  vs.  John  Plummer.  James  Brown 


STATE  PAPERS.  377 

and  Co.  vs.  Henry  Stonestreet.     James  Brown  and  Co. 
vs.  John  Thompson. 

Hon.  William  V.  Murray,  Esq. 


No.  52. 

Philadelphia,  May  1,   1792. 

Sir, — In  April,  1791,  in  the  district  court  of  Fredericks- 
burg, the  case  Mitchell  against  Wallis,  in  which  the  law 
of  the  state  was  plead,  in  bar  of  the  debt,  the  following 
were  the  circumstances  : 

Mitchell,  a  native  of  Great  Britain,  residing  and  trading 
in  Virginia,  having  debts  due  him,  to  great  amount,  con- 
veyed them,  with  other  property,  just  before  the  war,  to 
the  use  of  his  creditors,  in  Great  Britain,  and  of  one  credi- 
tor in  Virginia.  In  this  situation  the  debts  remained 
through  the  war,  and  the  action  was  brought  in  favour  of 
the  British  creditors,  in  1788,  or  89,  and  judgment  render- 
ed for  the  plaintiffs.  Several  other  judgments  were  enter- 
ed in  favour  of  the  same  parties,  in  that  and  the  subsequent 
term.  This  must  be  deemed  such  a  debt  as  was  supposed 
to  be  prohibited  amd  provided  for  by  the  treaty  :  It  was 
so  argued  on  the  part  of  the  defendant,  whose  counsel  I 
was,  and  yet  judgment  was  given  against  him. 

I  have  not  known  of  any  other  instances,  wherein  the 
right  to  recover  was  regularly  contested.  It  was,  how- 
ever,  always  the  opinion  of  the  ablest  counsel  at  the  bar, 
that  those  debts  were  recoverable,  that  no  law  prohibited 
it,  and  if  it  were  otherwise,  that  the  treaty  would  control 
it.  Since  the  establishment  of  the  present  government, 
upon  the  presumption  there  would  be  no  further  doubt  on 
the  subject,  I  have  likewise  heard  several  of  the  state 
judges  say  they  had  entertained  the  same  opinion. 

'Tis  true  the  British  merchants  declined  generally  bring- 
ing suits  prior  to  that  event,  nor  indeed  have  any  great 
number  been  since  brought  in  the  federal  courts.  For  the 
motive  to  this  conduct,  'tis  not  necessary  to  hazard  a  con- 
jecture, as  your  inquiries  respect  only  the  law  and  the 
decisions  under  it.  Certain  it  is,  they  have  been  progress- 
ing, and  with  great  success  since  the  peace,  in  the  amica- 
ble adjustment  of  their  accounts  with  their  debtors,  which 
has  perhaps  been  more  effectual  (admitting  that  there  was 
vol.  i.  48 


378  A&ERICAN 

no  dispute  about  the  recovery  otherwise  than  other  debts) 
than  any  other  course  would  have  been. 

The  county  courts,  until  very  lately,  have  had  exclusive 
jurisdiction  of  sums  under  ten  pounds  only.  Upon  all 
sums  above  that  amount  their  decisions  have  been  subject 
to  the  revision  and  control  of  the  superior  courts.  A  late 
modification  gives  them  original  jurisdiction  of  sums  under 
30/. — but,  as  well  as  I  remember,  subject  as  before  to 
correction  of  the  superior  courts  by  appeal  or  supersedeas. 
I  believe  there  are  but  few  debts  under  that  sum  of  the 
kind  referred. 

In  the  federal  court  no  cause  had  been  put  at  issue, 
until  the  last  November  term,  at  which  time,  that  of  Jones 
and  Walker  was  argued,  but  continued  over  to  the  present 
upon  account  of  the  absence  of  judge  Blair,  who  left  the 
bench  in  consequence  of  the  death  of  his  son. 
I  have  the  honour  to  be.  &c. 

JAS.  MONROE. 


No.  53. 

The  Secretary  of  State.     Philadelphia.  May  6,  1792. 

Sir, — A  written  request  from  you  Avas  some  days  since 
presented  to  me  as  one  of  the  delegation  in  Congress  for 
the  state  of  Virginia,  to  communicate  to  you  such  informa- 
tion respecting  the  present  state  of  debts  due  to  British 
subjects  in  that  state,  as  had  come  to  my  knowledge ; 
in  compliance  with  which  request,  I  now  furnish  you  with 
the  following  state  of  facts. 

Previously  to  my  election  to  Congress,  I.  had  been  en- 
gaged for  several  years  in  the  practice  of  law  in  the  state 
of  Virginia.  In  the  prosecution  of  that  business,  I  was 
often  applied  to  upon  the  subject  of  debts  due  to  British 
subjects,  and  had  an  opportunity  of  observing  the  pro- 
ceedings of  several  of  the  courts,  in  suits  brought  for  the 
recovery  of  such  debts. 

The  rules  of  several  of  the  county  courts  were  not  en- 
tirely uniform.  In  some  of  the  counties,  suits  of  thai 
description  were  generally  continued  upon  the  dockets 
without  trial ;  but  they  were  such  as  were  not  much  pres- 
sed by  the  plaintiff's  counsel.  In  other  counties  they 
were  brought  to  trial,  and  in  all  the  rases  within  mv  recol- 


STATE  PAPERS.  379 

lection,  in  which  the  debts  were  established  by  competent 
testimony,  judgments  were  rendered  for  the  plaintiffs  ;  ex- 
cept in  one  instance,  in  the  court  for  the  county  of  Ches- 
terfield, where,  upon  an  issue  of  fact  upon  the  plea  of  a 
British  debt,  the  jury  found  the  plaintiffs  to  be  British  sub- 
jects, which  finding  caused  some  delay,  but  judgment  was 
afterwards  rendered  in  the  same  court  for  the  same  debt, 
and  the  money  since  paid  under  the  judgment. 

The  plaintiffs  in  this  suit  were  formerly  British  mer- 
chants, under  the  firm  of  Robert  Donald,  jun.  and  Co.  I 
was  counsel  for  the  company  in  that  suit,  and  have  been 
concerned  as  counsel  for  them,  or  for  some  of  the  mem- 
bers under  other  firms,  in  at  least  one  hundred  cases,  in 
which  the  plaintiffs  have  received  judgments  in  their 
favour,  and  I  believe  have  been  as  successful  in  collecting 
moneys  under  judgments  as  is  usually  the  case  with  citi- 
zens of  the  state  of  Virginia.  I  recollect  a  case  in  the 
court  of  the  county  of  Cumberland,  in  which  Robert  Do- 
nald was  plaintiff  against  Rolfe  Eldridge  defendant,  upon 
a  bond,  judgment  was  given  for  the  plaintiff'.  The  defen- 
dant obtained  an  injunction  from  the  chancery  side  of  the 
same  court  to  stay  proceedings,  &c.  upon  the  suggestion, 
that  the  debt  was  originally  due  to  British  subjects,  who 
were  merchants  and  partners,  and  had  been  changed  by 
obtaining  a  bond  to  Donald,  in  his  individual  capacity, 
who  was  an  American  citizen.  Upon  application  the 
suit  was  brought  before  the  chancellor  by  certiorari,  and 
the  injunction  dissolved  ;  during  the  same  time,  the  money 
for  which  judgment  was  rendered,  has  been  since  paid 
I  believe  to  my  agent  and  passed  in  account  with  me, 
to  the  credit  of  the  company  of  which  Donald  was  a 
member. 

I  am  now  concerned  in  several  suits  in  the  high  court 
of  chancery,  for  the  purpose  of  foreclosing  mortgages  ex- 
ecuted to  British  subjects  ;  they  have  not  yet  come  to  a  deci- 
sion. I  entertain  no  doubt  however,  but  tha^the  decrees 
will  be  for  foreclosing  the  mortgages  and  the  payment  of 
the  money  secured  by  them.  It  may  be  observed  upon 
the  whole,  that  there  have  been  temporary  delays  in  some 
of  the  courts,  attending  the  recovery  of  debts,  of  the 
description  before  mentioned,  but  it  is  certain,  that  many 
judgments  have  been  rendered  for  them,  and  moneys  paid, 
by  means  of  compulsory  process  in  pursuance  of  those^ 


380  AMERICAN 

judgments.     I  am  now  in  great  haste.     If  any  further  in 
formation    within  my  knowledge  be   necessary,  I    shall 
take  pleasure  in  communicating  it  upon  request. 
I  am,  sir,  &c. 

WM.  B.  GILES. 


No.  54. 
Senate  Chamber,  April  13,   1792. 

Sir, — I  have  heard  of  but  few  suits  brought  by  British 
creditors  since  the  peace,  for  the  recovery  of  debts  in  the 
state  of  North  Carolina,  and  never  heard  that  any  one 
had  failed  of  a  recovery,  because  he  was  a  British  sub- 
ject. In  one  instance,  where  a  suit  was  instituted,  and  in 
my  direction,  for  the  recovery  of  a  debt,  contracted  in 
1768,  at  which  time  the  plaintiff  returned  to  Great  Britain, 
and  has  been  resident  in  London  from  that  time,  a  recove- 
ry was  had,  in  the  superior  court  at  Edenton,  in  April  last, 
for  the  full  value,  nor  was  it  any  part  of  the  defence,  that 
the  plaintiff  was  a  British  subject,  though  the  fact  was 
notorious.  The  parties  were  Alexander  Elmsly  against 
Steven  Lee's  executors. 

The  case  of  Bayard  against  Singleton,  as  I  recollect  it, 
was  this :  Mr.  Cornell,  the  father  of  Mr.  Bayard,  was  a 
merchant  in  the  town  of  Newborn,  in  North  Carolina  ; 
some  time  previous  to  the  declaration  of  independence,  he 
went  to  Europe,  leaving  his  family  in  Newbern,  and  after 
that  returned  from  Europe  to  New  York,  then  a  British 
garrison.  From  New  York,  he  came  to  Newbern  in  a  flag 
of  truce,  but  the  assembly,  then  sitting,  refused  to  permit 
him  to  come  on  shore,  unless  he  Would  take  an  oath  of 
allegiance  to  the  state,  which  he  refused.  While  on  board 
the  vessel,  in  the  harbour  of  Newbern,  lie  conveyed  the 
whole  of  his  estate  in  North  Carolina,  to  his  children  res- 
pectively, by  several  deeds  of  gift,  which  were  duly  proved 
and  registered.  Mr.  Cornell  then,  with  the  permission  of 
the  executive,  removed  his  wife  and  children  to  New 
York.  All  Mr.  Cornell's  estate  was  afterwards  declared 
to  be  confiscated,  by  act  of  assembly,  and  all  the  property 
which  Mr.  Cornell  had  conveyed  to  his  children,  was 
seized,  and  sold  by  commissioners  appointed  for  the  sale 
of  confiscated  estates. 


STATE  PAPERS.  381 

Mr.  Singleton  became  a  purchaser  of  part  of  it.  Under 
this  sale,  one  of  Mr.  Cornell's  daughters,  who  claimed 
that  part  under  one  of  the  above  mentioned  conveyances, 
instituted  an  ejectment  for  the  recovery  of  it,  and  on  trial, 
a  verdict  was  given  for  the  defendant. 

I  should  have  done  myself  the  pleasure  sooner  to  have 
answered  your  queries,  had  I  not  parted  with  your  notes 
immediately,  and  did  not  get  them  back  till  this  morning. 
I  am,  &c. 

SAML.  JOHNSTON. 


No.  55. 

Sir, — In  answer  to  your  questions  relating  to  the  reco- 
very of  certain  debts  in  South  Carolina,  I  have  the  honour 
of  informing  you,  that  it  is  thought  that  several  instances 
of  judgment  for  British  debts  have  occurred,  but  for  want 
of  time  to  procure  direct  official  information  from  South 
Carolina,  the  only  instance  which  can  now  be  ascertained 
here,  is  of  the  house  of  Powel,  Hopton  and  Co.  having 
obtained  judgment  against  a  citizen  of  South  Carolina,  for 
a  debt  contracted  previous  to  the  war. 

Mr.  Brailsford,  one  of  the  partners  in  this  company, 
resided  during  the  war  in  Great  Britain,  but  is  now  a  resi- 
dent in  South  Carolina ;  the  other  partners,  Messrs.  Pow- 
ell and  Hopton  both  withdrew  themselves,  during  the  war, 
to  the  British  dominions,  and  are  now  subjects  of  his  Bri- 
tannick  majesty.  An  instance  of  a  suit  in  chancery  having 
been  commenced  and  now  pending  between  the  British 
house  of  Shubrick,  and  a  citizen  of  South  Carolina,  for  a 
discovery  of  assets,  can  likewise  be  ascertained  here; 
and  will  tend  to  prove,  that  British  subjects  have  free 
access  to  the  courts  of  South  Carolina.  Neither  can  any 
act  of  the  legislature,  making  a  discrimination  between 
their  own  citizens  and  the  subjects  of  Great  Britain,  in  this 
particular  be  adduced,  except  on  the  question  of  interest 
during  the  war,  which  by  their  act  is  reserved  for  judicial 
determination.  They  seem  therefore  to  have  considered 
the  1th  article  of  the  treaty  of  peace  as  importing  nothing 
more,  than  that  the  subjects  of  his  Britannick  majesty 
should  receive  as  ample  and  as  speedy  justice  in  the  reco- 
very of  their  debts  as  their  own  citizens  : — in  conformity 


382  AMERICAN 

to  which  principle,  their  regulations  concerning  the  reco- 
very of  debts  have  been  established. 

The  new  federal  constitution  is  now  however  adopted  by 
that  state,  and  the  federal  courts  are  in  the  exercise  of 
their  powers. 

Paper  money  is  no  longer  a  tender  in  payment  of  debts, 
and  the  2d  section  of  the  9th  article  of  their  state  consti- 
tution formed  in  June,  1 790,  declares  that  no  law  impair- 
ing the  obligation  of  contracts,  shall  ever  be  passed  by 
the  legislature  of  the  state. 

I  have  the  honour  to  be,  &c. 

THOMAS  PINCKNEY. 

Philadelphia,  9th  May,  1792. 

The  Secretary  of  State. 


iNo.  55.     B. 

Extract  of  a   Letter  from  Edward  Rut  I  edge,  Esq.    dated 
Charleston,  May  26,  1792. 

You  know  I  am  not  fond  of  the  attorney's  business,  and 
do  but  little  of  it ;  however,  in  my  own  practice  I  can 
furnish  several  instances  of  actions  having  been  brought 
by  British  subjects,  for  debts  due  to  them  before  the  war. 
by  American  citizens,  and  carried  to  judgment. 

The  Rev.  Mr.  Cowper,  who  in  the  first  commencement 
of  the  war  refused  to  take  the  oath,  and  went  off,  brought 
an  action  against  Melchier  Garner,  executor  of  William 
Garner.  I  brought  it,  prosecuted  it  to  judgment,  and 
issued  execution — the  estate  insolvent  because  his  move- 
able property  was  carried  off  or  destroyed  by  the  British 
during  the  war. 

Powel,  Ifopton  and  Co.  vs.  Gaillard — I  carried  this  to 
judgment,  idem  vs.  Godfrey,  I  carried  to  judgment  and 
execution,  and  the  party  satisfied — i.  e.  received  satisfac- 
tory payments. 

James  Simpson  vs.  executors  of  Major  lluger,  Bay 
attorney,  judgment  and  execution — Ross  and  Mills  vs. 
John  Deas — debt  on  bond  in  1773,  for  a  real  British  debt 
with  British  merchants  who  were  never  in  this  country.  I 
carried  it  to  judgment.  After  the  death  of  Deas,  the  exe- 
cutors applied  to  Mr.  Penman,  who  was  the  agent  of  Ross 
and  Mills,  for  permission  to  sell — he  gave  permission — 


STATE    PAPERS.  383 

they  sold — he  bought  a  plantation,  which  Mr.  Lowndes 
took  oft'  his  hands  and  gave  the  bonds  of  John  Middleton 
in  payment,  the  balance  of  the  debt  was  discharged  to  the 
satisfaction  of  Mr.  Penman,  and  I  as  attorney  on  record 
entered  up  satisfaction — this  case  goes  the  whole  length 
of  the  business. 

And  I  aver  that  there  is  not  a  single  instance  to  be  pro- 
duced, wherein  a  British  creditor  of  any  description  has 
met  with  more  impediment  in  the  recovery  of  his  debt, 
than  our  own  citizens.  The  question  of  interest  has  not 
yet  been  tried,  but  we  were  ever  ready  to  try  it. 


No.  56.  i 

Sir, — In  answer  to  your  note  of  the  16th  instant,  we 
must  say  that  we  know  of  no  instance  of  a  recovery  in  the 
.state  of  Georgia  by  a  British  creditor  against  his  debtor ; 
we  say  with  equal  truth,  that  we  know  no  instance  of  any 
judgment  against  such  recovery  since  the  ratification  of 
the  treaty  of  peace,  as  the  creditors,  instead  of  resorting 
to  the  law,  have  settled,  or  are  in  a  course  of  settling  in 
an  amicable  way  with  their  debtors  :  and  we  are  still  fur- 
ther able  to  assure  you,  that  the  federal  court  is  as  open 
and  unobstructed  to  British  creditors  in  Georgia,  as  in  any 
other  of  the  United  States.  With  great  respect,  we  are.  Sic. 

W.  FEW, 
J.  GUNN, 
ABR.  BALDWIN. 
April  25,  1792.  FRANS.  WILLIS. 

Thos.  Jefferson,  Esq. 

No.  57. 

Extract  of  a  Letter  from  the  Hon.  John  Adams,  Esq.  Minis- 
ter Plenipotentiary  of  the  United  States  of  America,  at  the 
court  of  Great  Britain,  to  the  Hon.  John  Jay,  Esq.  Secre- 
tary for  Foreign  A  fairs — dated  Grosvenor  Square,  Jun- 
16,  'l785. 

Lord  Carmarthen-  (old  me  yesterday  '•  That  he  had 
letters  from  Mr.  Anstey,  mentioning  his  civil  reception  :" 
A  long  conversation  ensued  upon  the  subject  of  the  posts, 
<lel;>f«.  \c  little  of  which,  being  new.  is  worth  repeating. 


384  AMERICAN' 

The  policy  of  giving  up  the  interest  during  the  war,  and 
of  agreeing  to  a  plan  of  payment  by  instalments,  was 
again  insisted  on,  from  various  considerations,  particularly 
from  the  evident  injustice  of  demanding  interest  for  that 
period.  It  was  urged  that  the  claim  of  interest,  in  most 
cases,  was  grounded  upon  custom,  and  the  mutual  under- 
standing of  the  parties  :  but  that  it  never  had  been  the  cus- 
tom, nor  had  it  ever  been  understood  or  foreseen,  that  an 
act  of  parliament  should  be  passed,  casting  the  American 
debtor  out  of  the  protection  of  the  crown,  cutting  off  all  cor- 
respondence, and  rendering  all  intercourse  criminal  ;  for 
that  was  the  result  and  the  legal  construction  during  the 
whole  war. 

Here  his  lordship  fully  agreed  with  me,  and  even  outwent 
me,  saying  that  "  It  was  very  true,  that  by  construction 
of  the  law  of  this  land,  it  was  high  treason  in  a  creditor 
in  Great  Britain  to  receive  a  remittance  from  his  debtor 
in  America  during  the  war."  His  lordship  added  some 
slight  expressions  concerning  the  interest,  and  wished  that 
the  courts  were  opened  for  recovering  the  principal : 
We  might  leave  the  interest  for  an  after  consideration. 


No.  58.  • 

Extract  of  a  Letter  from  the  Commissioners  of  the  United 
States  for  negotiating  a  peace  with  Great  Britain,  to  D. 
Hartley,  Esq. — dated  Passy,  July  17,  1783. 

We  are  also  instructed  to  represent  to  you,  that  many 
of  the  British  debtors  in  America,  have  in  the  course  of 
the  war,  sustained  such  considerable  and  heavy  losses  by 
the  operation  of  the  British  arms  in  that  country,  that  a 
great  number  of  them  have  been  rendered  incapable  of 
immediately  satisfying  those  debts  :  We  refer  it  to  the  jus- 
tice and  equity  of  Great  Britain,  so  far  to  amend  the  article 
on  that  subject,  as  that  no  execution  shall  be  issued  on  a 
judgment  to  be  obtained  in  any  such  case,  but  after  the 
expiration  of  three  years  from  the  date  of  the  definitive 
treaty  of  peace.  Congress  also  think  it  reasonable  that 
such  part  of  the  interest  which  may  have  accrued  on  such 
debts  during  the  war,  shall  not  be  payable,  because  all 
intercourse  between  the  two  countries,  had  during  thai 
period  become  impracticable  as  well  as  improper  ;  it  docs 
not  appear  just  that  individuals  in  America  should  pay  for 


STATE  PAPERS.  385 

•delays  in  payment,  which  were  occasioned  by  the  civil 
and  military  measures  of  Great  Britain. 

In  our  opinion  the  interest  of  the  creditors  as  well  as  the 
debtors,  requires  that  some  tenderness  be  shown  to  the  lat- 
ter, and  that  they  should  be  allowed  a  little  time  to  acquire 
the  means  of  discharging  debts,  which  in  many  instances 
exceed  the  whole  amount  of  their  property. 

No.  59. 

Extract  of  a  Letter  from  William  Razcle,  Esq.  Attorney  of 
the  United  States  for  the  District  of  Pennsylvania,  to  the 
Secretary  of  State — dated  April  9,  1792. 

I  enclose  a  copy  of  the  docket  entries  in  the  case  of 
Hoare  v.  Allen,  which  show  that  the  plaintiff  acquiesced  in 
the  verdict  given,  and  that  the  whole  mortgaged  property 
did  not  sell  for  half  his  debt.  The  plaintiff  in  this  case 
was  and  is  also  a  subject  of  and  resident  in  Great  Britain. 

The  court  in  this,  as  they  have  done  in  every  similar 
case,  directed  the  jury  to  deduct  seven  and  a  half  years' 
interest.  The'  jury,  however,  deducted  eight  and  a  half 
years'  interest.  If  the  plaintiff  had  moved  the  court  on 
4he  return  of  the  postea,  a  new  trial  would  have  been  grant- 
ed, or  as  the  sum  was  certain,  it  is  probable  the  court 
would  have  recommended  and  the  parties  have  made  the 
necessary  alteration  in  the  judgment. 

I  have  the  honour  to  be,  &c. 

W.  RAWLE. 

Samuel  Hoare,  v.  )  T    ,,     a  ^      ,    c 

A  A  '  •  ,,,     (In  the  Supreme  Court  of 

Andrew  Allen,  lun.  and  the  >  r>      *     1       • 

fr,        .         ,      /.j- i    i  i  rennsvlvania. 

1  rue  tenants  ol  Pikeland.       )  J 

Removed  by  certiorari  from  the  Common  Pleas  of  Ches- 
fer  county — returnable  to  January  term,  1788. 

At  nisi  prius  at  West  Chester,  8th  May,  1789,  tried  ver- 
dict for  the  plaintiff,  and  jury  certified  to  the  court  that  the 
debt  due  on  this  action  by  the  defendants  to  the  plaintiff, 
amounted  to  thirty-seven  thousand  one  hundred  and  nine 
pounds  and  one  penny,  and  found  six  pence  damages  and 
six  pence  costs,  besides  the  costs  expended. 

2d  Julv.  1789.  Judg.  nisi,  from  the  records  pr. 
GEO.  DAVIS,  for 
EDW.  BURD.  Prothoa. 

VOT-.  ,!■.  4  0 


-i8tf  AMERltA.Y 

I  certify  that  a  levari  facias  issued  upon  the  above  judg-* 
ment  returnable  to  September  term,  one  thousand  seven 
hundred  and  eighty-nine,  and  by  virtue  thereof,  the  sheriff* 
seized  and  took  in  execution  ten  thousand  one  hundred 
and  sixteen  acres  of  land,  being  the  premises  mortgaged, 
and  afterwards  sold  the  same  at  publick  vendue  for  the 
sum  of  fifteen  thousand  pounds,  lawful  money  of  Pennsyl- 
vania, to  Samuel  Hoare,  he  being  the  highest  and  best 
Ssidder. 

Witness  my  hand,  the  7th  April,  1792. 

GEO.  DAVIS,  for 
EDW.  BURD,  Prothom 


No.  60. 

Extract  of  a  Letter  of  March  15,  1788,  from  the  British  Con- 
sul at  Philadelphia,  to  the  Governour  of  Pennsylvania. 

"  The  settlement  of  interest  on  debts  due  to  British 
merchants  here,  antecedent  to  the  late  troubles,  has  already 
been  a  subject  of  some  discussion  in  the  courts,  and  will  I 
presume  be  deemed  by  your  excellency  and  the  council  a 
matter  of  so  much  importance,  as  to  require  some  particular 
legislative  interposition  to  define  its  nature  and  extent." 


Observations  on  the  preceding  Extract  by  William  Lewis r 
Esq.  Attorney  of  the  District  of  Pennsylvania  for  the 
United  States. 

The  legislature  of  the  year  1788  did  not  think  them- 
selves authorized  by  any  principles  of  sound  policy  or 
good  government  to  pass  a  law  to  define  the  nature  and 
extent  of  contracts  entered  into  more  than  a  dozen  years 
before,  and  it  is  reasonable  to  presume  that  such  a  law 
would  have  been  complained  of  as  an  infraction  of  the 
treaty.  Every  person  has  been  left  to  pursue  his  remedy 
at  law,  without  any  particular  act  being  made  for  the 
allowance  or  abatement  of  interest ;  and  as  the  question 
has  altogether  depended  on  the  laws  of  England,  the  con- 
sul's acknowledgment  that  "  the  channels  of  justice  flow 
with  great  purity,  and  impartiality  in  Pennsylvania,  and 
that  the  laws  are-  faithfully  and  diligently  administered." 


STATE    PAPERS. 


385 


seems  to  be  a  full  refutation  of  his  own  objection.  Since- 
.however,  the  objection  is  so  much  insisted  on,  I  will  take 
the  liberty  of  mentioning  some  facts,  a  knowledge  whereof 
may  benecessary  to  form  a  judgment  respecting  it. 

I  believe  it  is  truly  stated  by  the  consul,  that  "  The 
terms  of  contracts  between  British  and  American  merchants 
are  for  the  most  part  of  this  sort.  Goods  are  sent  hither 
to  be  paid  for  in  one  year  ;  after  which  interest  becomes 
due  at  the  yearly  rate  of  5  per  cent."  This,  having  been 
a  long  established  usage,  has  so  far  received  the  sanction 
of  our  courts,  as  that  interest  has  been  allowed  in  such 
cases  from  the  end  of  the  year ;  but  as  there  is  no  posi- 
tive law  for  the  allowing  of  interest  on  an  account,  as  the 
claim  of  interest  by  British  merchants  from  their  American 
debtors  was  founded  on  this  usage  alone  ;  and  as  no  in- 
stance has  before  happened  of  the  intercourse  between  the 
people  of  Great  Britain  and  of  America  being  interrupted 
by  war,  our  courts  held  the  case  to  be  a  new  one,  to  which 
the  usage  did  not  extend,  and  as  there  was  neither  law  or 
usage  for  allowing  interest  during  the  war,  that  is  from  the 
battle  of  Lexington,  in  April,  1775,  until  the  provisional 
articles  between  the  United  States  and  his  Britannick  ma- 
jesty, in  November,  17S2,  it  has  been  generally  disallowed 
during  that  period. 

If  the  debt  had  been  contracted  more  than  a  year  before 
the  battle  of  Lexington,  interest  has  been  allowed,  I  believe 
in  all  cases,  from  the  time  of  the  debt  becoming  due  until 
ihe  battle  of  Lexington,  and  from  the  provisional  articles 
until  the  time  of  payment.  The  rule  has  been  reciprocal. 
It  prevailed  in  a  trial  in  our  Supreme  court,  wherein  a 
citizen  of  a  neighbouring  state  was  plaintiff  and  a  British 
■subject  defendant,  although  the  debt  had  been  contracted 
long  before  the  war.  It  has  been  observed  in  other  cases, 
and  I  very  much  doubt  if  a  different  one  has  prevailed  at 
Westminster  Hall,  in  actions  brought  on  running  accounts. 

The  judges  have  uniformly  and  without  hesitation  de- 
clared in  favour  of  the  treaty,  on  the  ground  of  its  being 
the  supreme  law  of  the  land.  On  this  ground  they  have 
not  only  discharged  attainted  trailers  from  arrest,  but  have 
frequently  declared,  that  they  were  entitled  by  the  treaty 
to  protection.     I  am,  with  the  highesl  esteem.  &c. 

1  WILLIAM  LEWIS. 
The  Hon.  Thomas  Jefferson,  Esq. 

Screfarv  of  State  of  the  TTnited  States. 


388  AMERICAS? 


Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State  of  the  United  States. 
Philadelphia,  June  2,  1792. 

Sir, — I  have  the  honour  of  acknowledging  the  receipt  of 
your  letter  of  the  29th  ult.  which  I  shall  transmit  without 
delay  to  my  court,  for  the  consideration  of  his  majesty's 
ministers. 

The  matter  contained  in  your  letter  being  so  various  and 
extensive,  I  fear  that  much  time  must  elapse,  before  I  can 
be  enabled  to  communicate  to  you  my  observations  upon 
it.  You  may  however  be  assured,  that  I  will  use  every 
exertion  to  avoid  unnecessary  procrastination. 

To  this  observation  you  will  permit  me,  sir,  to  add  that, 
some  of  the  principles,  which  you  have  advanced,  do  not 
appear  to  me,  at  the  present  moment,  to  be  entirely  rele- 
vant to  the  subjects  actually  under  discussion  between  our 
respective  countries :  And  the  difference  between  us  in 
our  statement  of  positive  facts  is  so  essential  as  to  render 
it  an  act  of  duly  to  my  own  character  to  vindicate  the 
purity  of  the  sources,  from  which  I  have  derived  my  infor- 
mation, by  recurring  to  them  for  corroborating  testimony. 
If  there  exist  any  points  upon  which  I  have  been  misin- 
formed, I  will  most  readily  acknowledge  my  errour  ;  but  I 
trust  upon  the  whole  that  the  additional  evidence,  with 
which  I  expect  to  be  furnished,  will  fully  substantiate  the 
allegations  I  have  made,  and  effectually  protect  me  from 
the  imputation  of  negligence,  or  the  suspicion  of  inten- 
tional deception. 

Although  it  is  by  no  means  in  my  power  to  enter  into 
an  immediate  examination  of  the  general  contents  of  your 
letter,  my  design  of  sending  it  to  England  induces  me  to 
request  an  explanation  of  one  part  of  it,  which  refers  to  a 
transaction  that  you  state  to  have  taken  place  in  that 
country.  Towards  the  conclusion  of  your  letter,  you  cite 
two  cases,  which  in  your  opinion  controvert  my  position 
that  "  in  the  courts  of  law,  in  Great  Britain,  the  citizens  of 
the  United  States  have  experienced,  without  exception, 
the  same  protection  and  impartial  distribution  of  justice  as 
the  subjects  of  the  crown." — With  respect  to  the  former 
of  those  cases  (that  of  the  sum  of  money,  the  property  of 
ihe  stale  of  Maryland,  and  detained  in  England)  I  have 


&TATE    PAPERS.  3&9 

some  general  notion  of  the  particulars  of  it.  But  in  re- 
gard to  the  latter  case,  I  have  no  knowledge  of  it  whatso- 
ever. I  therefore  entreat  you,  sir,  to  have  the  goodness  to 
inform  me  whether  the  judge  of  the  court  of  King's  bench, 
to  whom  you  allude,  delivered  the  opinion  of  the  court,  in 
the  general  terms  which  you  have  employed,  viz.  "  that 
a  citizen  of  the  United  States,  wrho  has  delivered  43,000/. 
sterling  worth  of  East  India  goods  to  a  British  subject  at 
Ostend,  receiving  only  13,000/.  in  part  payment,  is  not 
entitled  to  maintain  an  action  for  the  balance,  in  a  court 
of  Great  Britain,  though  his  debtor  be  found  there,  is  in 
custody  of  the  court,  and  acknowledges  the  facts." 

I  must  own,  sir,  that  even  from  your  statement  I  am 
inclined  to  infer,  that  the  circumstance  of  Greene's  being 
a  citizen  of  the  United  States  had  no  connection  with  the 
decision  of  the  question  ;  and  that  the  same  judgment 
would  have  been  given  in  an  action  of  a  similar  nature, 
depending  between  two  subjects  of  the  crown  of  Great 
Britain.     I  have  the  honour  to  be,  sir,  &c. 

GEO:  HAMMOND. 


To  the  Minister  Plenipotentiary  of  Great  Britain.     Phila- 
delphia, June   19,  1793. 

Sir, — I  had  the  honour  to  address  you  a  letter,  on  the 
-Oth  of  May  was  twelvemonth,  on  the  articles  still  unexe- 
cuted of  the  treaty  of  peace  between  the  two  nations. 
The  subject  was  extensive  and  important,  and  therefore 
rendered  a  certain  degree  of  delay,  in  the  reply,  to  be 
expected.  But  it  has  now  become  such,  as  naturally  to 
generate  disquietude.  The  interest  we  have  in  the  west% 
ern  posts,  the  blood  and  treasure  which  their  detention 
costs  us  daily,  cannot  but  produce  a  correspondent  anxiety 
on  our  part.  Permit  me,  therefore,  to  ask,  when  may  I 
expect  the  honour  of  a  reply  to  my  letter,  and  to  assure 
you  of  the  sentiments  of  respect,  with  which  I  have  the 
honour  to  be,  &c. 

TH:  JEFFERSON. 


390  AMERICA* 


Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  Stale.  Philadelphia,  Junr 
SO,   1793. 

Sir, — I  have  duly  received  your  letter  of  yesterday. 

In  a  written  communication,  which  I  had  the  honour  of 
addressing  to  you  on  the  2d  of  June,  1792,  and  also,  in  a 
conversation  which  I  had  with  you  on  the  following  day, 
1  assured  you,  that  I  should  lose  no  time  in  conveying  to 
the  king's  ministers  in  England  your  representation,  dated 
the  29th  of  May  ;  and  it  was,  in  fact,  forwarded  to  them  in 
the  course  of  some  few  days'  afterwards. 

On  the  receipt  of  that  paper,  I  was  informed,  by  his  ma- 
jesty's principal  secretary  of  state,  that  it  would  be  taken 
into  immediate  consideration,  and  that  after  it  had  been 
thoroughly  examined,  I  should  receive  some  farther  in- 
structions relative  to  it.  The  transmission  of  those  in- 
structions, which  I  daily  expect,  has,  I  presume,  hitherto 
been  delayed,  in  consequence  of  the  very  interesting 
events,  which,  since  the  receipt  of  it,  have  occurred  in 
Europe,  and  which  have  been  of  a  nature  so  pressing  and 
important,  as  probably  to  have  attracted  the  whole  atten- 
tions of  his  majesty's  ministers,  and  thus  to  have  diverted 
it  from  objects  that  are  more  remote ;  and  that  may,  per- 
haps, have  been  regarded  as  somewhat  less  urgent.  When- 
ever I  shall  learn  his  majesty's  pleasure  on  the  subject  of 
your  representation,  you  may  depend,  sir.  on  speedily 
receiving  my  reply  ;  to  the  preparation  of  which  but 
little  time  will  be  requisite  on  my  part,  as,  in  consequence 
nf  my  exertions  for  the  purpose,  I  have  already  collected, 
in  this  country,  the  evidence  necessary  to  substantiate 
most  of  the  principal  facts  advanced  in  my  statement  of 
the  5th  of  March,  to  which  that  representation  was  intend- 
ed as  an  answer. 

There  is  one  passage  in  your  letter  of  yesterday,  sir.  of 
which  it  becomes  me  to  take  some  notice. — The  passage  i, 
allude  to  is  that  wherein  you  mention  "  the  blood  and  trea- 
sure which  the  detention  of  the  western  posts  costs  the 
United  States  daily."  I  cannot  easily  conjecture  the 
motives  in  which  this  declaration  has  originated.  After 
the  evidence  that  this  government  has  repeatedly  received 
of  the  strict  neu tralil v observed  bv  the  king's  governouis 


STATS   PAPERS.  3£I 

ofCanada,  during  the  present  contest  between  the  United 
States  and  the  Indians,  and  of  the  disposition  of  those  offi- 
cers to  facilitate,  as  far  as  may  be  in  their  power,  any  ne- 
gotiations for  peace,  I  will  not,  for  a  moment,  imagine, 
that  the  expression  I  have  cited  was  intended  to  convey 
the  insinuation  of  their  having  pursued  a  different  conduct- 
or that  it  had  any  reference  to  those  assertions,  which 
have  been  lately  disseminated,  with  more  than  usual  in- 
dustry, through  the  publick  prints  in  this  country,  that  the 
western  posts  have  been  used,  by  the  government  of 
Canada,  as  the  medium  of  supplying  military  stores  to  the 
Indians  now  engaged  in  war  with  the  United  States. 

I  can  assure  you,  sir,  that  if  the  delay,  on  the  part  of 
my  country,  in  the  execution  of  certain  articles  of  the  treaty 
of  peace,  is  such  as  to  create  disquietude  in  this  govern- 
ment, I  also  experience  similar  impressions  with  respect 
to  those  articles  which  have,  hitherto,  not  been  carried 
into  effect  by  the  United  States  ;  as  I  am  perpetually  re- 
ceiving complaints  from  the  British  creditors,  and  their 
agents  in  this  country,  of  their  inability  to  procure  legal 
redress  in  any  of  the  courts  of  law  in  one  or  two  of  the 
southern  states ;  in  which  states  the  greatest  part  of  the 
debt  remaining  due  to  the  subjects  of  Great  Britain  still 
continues  to  exist  in  the  same  condition  as  that  in  which  it 
was  at  the  conclusion  of  the  war. 

I  have  the  honour  to  be,  &c* 

GEO:  HAMMOND. 


Mr,  Jefferson,  Secretary  of  State,  to  Mr.  Hammond,  Minister 
Plenipotentiary  of  Great  Britain*  Germantovm.  J\'ovem- 
her  13,  1793. 

Sir, — In  a  letter  which  I  had  the  honour  of  addressing 
you  on  the  19th  of  June  last  I  asked  for  information, 
when  we  might  expect  an  answer  to  that  which  I  had  writ- 
fen  you,  on  the  29th  of  May  was  twelvemonth,  on  the  ar- 
ticles still  unexecuted  of  the  treaty  of  peace  between  the 
two  nations. 

In  your  answer  of  the  next  day  you  were  pleased  to  in- 
form me,  that  you  had  forwarded  the  letter  of  the  29th  of 
May,  1792,  in  the  course  of  a  few  days  after  its  date,  and 
fhat  you  daily  expected  instructions  on  the   subject :  thnt 


392  AMERICANT 

you  presumed  these  had  been  delayed  in  consequence  of 
the  very  interesting  events  which  had  occurred  in  Europe, 
and  which  had  been  of  a  nature  so  pressing  and  impor- 
tant, as  probably  to  have  attracted  the  whole  attention  ol 
your  ministers,  and  thus  to  have  diverted  it  from  objects 
more  remote,  and  that  might,  perhaps,  have  been  regarded 
as  somewhat  less  urgent. 

I  have  it  again   in  charge,  from  the   President  of  the 
United  States,  to  ask,  whether  we  can  now  have  an  answer 
to  the  letter  of  May  29,  before  mentioned  ? 
I  have  the  .honour  to  be,  &c. 

TH:  JEFFERSON. 


Mr.  Hammond,  Minister  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State.  Landsdown,  Novem- 
ber 22,  1793. 

Sir, — In  answer  to  your  letter  of  the  13th  current,  I  have 
the  honour  of  informing  you,  that  I  have  not  yet  received 
such  definitive  instructions,  relative  to  your  communica- 
tion of  the  29th  of  May,  1792,  as  will  enable  me  imme- 
diately to  renew  the  discussions  upon  the  subject  of  it, 
which  have  been  for  some  time  suspended. 

I  can,  however,  repeat  with  confidence  my  conviction, 
that  the  continuance  of  the  cause,  to  which  I  alluded  in 
my  letter  of  the  20th  of  June  last,  and  no  other,  has  pro- 
tracted this  delay  to  the  present  period. 

I  have  the  honour  to  be,  &c. 

GEO:  HAMMOND. 


Mr.  Jefferson,  Secretary  of  State,  to  Mr.  Pinckney,  Minister 
Plenipotentiary  from  the  United  States  with  Great  Britain. 
Philadelphia,  Sept.   7,   1793. 

Sir, — We  have  received,  through  a  channel  which  can- 
not be  considered  as  authentick,  the  copy  of  a  paper, 
styled,  "Additional  instructions  to  the  commanders  of  his 
majesty's  ships  of  war  and  privateers,  &c."  dated  at  St. 
James's,  June  8,  1793.  If  this  paper  be  authentick,  I 
have  little  doubt  but  that  you  will  have  taken  measures  to 
forward  it  to  me.  But  as  your  communication  of  it  may 
miscarry,  and  time,  in  the  mean  while,  be  lost,  it  has  been 


STATE    PAPERS.  393 

thought  better  that  it  should  be  supposed  authentick  ;  that, 
on  that  supposition,  I  should  notice  to  you  its  very  excep- 
tionable nature,  and  the  necessity  of  obtaining  explana- 
tions on  the  subject  from  the  British  government ;  desir- 
ing, at  the  same  time,  that  you  will  consider  this  letter  as 
provisionally  written  only,  and  as  if  never  written,  in  the 
event  that  the  paper,  which  is  the  occasion  of  it,  be  not 
genuine. 

The  first  article  of  it  permits  all  vessels,  laden  wholly  or 
in  part  with  corn,  flour,  or  meal,  bound  to  any  port  in 
France,  to  be  stopped,  and  sent  into  any  British  port,  to 
be  purchased  by  that  government,  or  to  be  released  only 
on  the  condition  of  security  given  by  the  master,  that  he 
will  proceed  to  dispose  of  his  cargo  in  the  ports  of  some 
country  in  amity  with  his  majesty. 

This  article  is  so  manifestly  contrary  to  the  law  of  na- 
tions, that  nothing  more  would  seem  necessary,  than  lo 
observe  that  it  is  so.  Reason  and  usage  have  established, 
that  when  two  nations  go  to  war,  those  who  choose  to  live 
in  peace  retain  their  natural  right  to  pursue  their  agricul- 
ture, manufactures,  and  other  ordinary  vocations  ;  to  car- 
ry the  produce  of  their  industry,  for  exchange,  to  all  na- 
tions, belligerent  or  neutral,  as  usual ;  to  go  and  come 
freely,  without  injury  or  molestation;  and,  in  short,  that 
the  war  among  others  shall  be,  for  them,  as  if.  it  did  not 
exist.  One  restriction  on  their  natural  rights  has  been 
submitted  to  by  nations  at  peace  ;  that  is  to  say,  that  of  not. 
furnishing  to  either  party  implements  merely  of  war,  for  the 
annoyance  of  the  other,  nor  any  thing  whatever  to  a  place 
blockaded  by  its  enemy.  What  these  implements  of  war 
are,  has  been  so  often  agreed,  and  is  so  well  understood, 
as  to  leave  little  question  about  them  at  this  day.  There 
does  not  exist,  perhaps,  a  nation  in  our  common  hemis- 
phere, which  has  not  made  a  particular  enumeration  of 
them,  in  some  or  all  of  their  treaties,  under  the  name  ot 
contraband.  It  suffices,  for  the  present  occasion,  to  sa\ . 
that  corn,  flour,  and  meal,  are  not  of  the  class  of  contni- 
band,  and  consequently  remain  articles  of  free  commerce 
A  culture,  which,  like  that  of  the  soil,  gives  employment  t<> 
such  a  proportion  of  mankind,  could  never  be  suspended 
by  the  whole  earth,  or  interrupted  for  them,  whenever  :w»v 
two  nations  should  think  proper  to  n,o  to  war, 

VOL.    I.  .50 


3S4  AMERICAN 

The  state  of  war,  then,  existing  between  Great  Britain 
and  France,  furnishes  no  legitimate  right  to  either  to 
interrupt  the  agriculture  of  the  United  States,  or  the-peace- 
able  exchange  of  its  produce  with  all  nations ;  and  conse- 
quently, the  assumption  of  it  will  be  as  lawful  hereafter  as 
now,  in  peace  as  in  war.  No  ground,  acknowledged  by 
the  common  reason  of  mankind,  authorizes  this  act  now, 
and  unacknowledged  ground  may  be  taken  at  any  time  and 
all  times.  We  see,  then,  a  practice  begun,  to  which  no 
time,  no  circumstances,  prescribe  any  limits,  and  which 
strikes  at  the  root  of  our  agriculture,  that  branch  of  indus- 
try which  gives  food,  clothing,  and  comfort,  to  the  great 
mass  of.  the  inhabitants  of  these  states.  If  any  nation 
whatever  has  a  right  to  shut  up,  to  our  produce,  all  the 
ports  of  the  earth,  except  her  own,  and  those  of  her 
friends,  she  may  shut  up  these  also,  and  so  confine  us 
within  our  own  limits.  No  nation  can  subscribe  to  such 
pretensions  ;  no  nation  can  agree,  at  the  mere  will  or  inte- 
rest of  another,  to  have  its  peaceable  industry  suspended, 
and  its  citizens  reduced  to  idleness  and  want.  The  loss 
of  our  produce,  if  destined  for  foreign  markets,  or  that  loss 
which  would  result  from  an  arbitrary  restraint  of  our  mar- 
kets, is  a  tax  too  serious  for  us  to  acquiesce  in.  It  is  not 
enough  for  a  nation  to  say,  we  and  our  friends  will  buy 
your  produce.  We  have  a  right  to  answer,  that  it  suits  us 
better  to  sell  to  their  enemies  as  well  as  their  friends. 
Our  ships  do  not  go  to  France  to  return  empty ;  they  go 
to  exchange  the  surplus  of  one  produce,  which  we  can 
spare,  for  surplusses  of  other  kinds,  which  they  can  spare, 
and  we  want;  which  they  can  furnish  on  better  terms, 
and  more  to  our  mind,  than  Great  Britain  or  her  friends. 
We  have  a  right  to  judge  for  ourselves  what  market  best 
suits  us,  and  they  have  none  to  forbid  to  us  the  enjoyment 
of  the  necessaries  and  comforts  which  we  may  obtain  from 
any  other  independent  country. 

This  act  too  tends  directly  to  draw  us  from  that  state  of 
peace,  in  which  we  are  wishing  to  remain.  It  is  an  essen- 
tial character  of  neutrality,  to  furnish  no  aids  (not  stipu- 
lated by  treaty)  to  one  party,  which  we  are  not  equally 
ready  to  furnish  to  the  other.  If  we  permit  corn  to  be 
sent  to  Great  Britain  and  her  friends,  we  are  equally 
bound  to  permit  it  to  France.  To  restrain  it,  would  be  a 
partiality  which  might    lead  to  war  with   France,  and. 


STATE    PAPERS.  396 

between  restraining  it  ourselves,  and  permitting  her  ene- 
mies to  restrain  it  unrightfully,  is  no  difference.  She 
would  consider  this  as  a  mere  pretext,  of  which  she  would 
not  be  the  dupe,  and  on  what  honourable  ground  could 
we  otherwise  explain  it  ?  Thus  we  should  see  ourselves 
plunged,  by  this  unauthorized  act  of  Great  Britain,  into  a 
war,  with  which  we  meddle  not,  and  which  we  wish  to 
avoid,  if  justice  to  all  parties  and  from  all  parties  will 
enable  us  to  avoid  it.  In  the  case  where  we  found  our- 
selves obliged,  by  treaty,  to  withhold  from  the  enemies  of 
France  the  right  of  arming  in  our  ports,  we  thought  our- 
selves in  justice  bound  to  withhold  the  same  right  from 
France  also,  and  we  did  it.  Were  we  to  withhold  from 
her  supplies  of  provisions,  we  should,  in  like  manner,  be 
bound  to  withhold  them  from  her  enemies  also,  and  thus 
shut  to  ourselves  all  the  ports  of  Europe,  where  corn  is  in 
demand,  or  make  ourselves  parties  in  the  war.  This  is  a 
dilemma,  which  Great  Britain  has  no  right, to  force  upon 
us,  and  for  which  no  pretext  can  be  found  in  any  part  of 
our  conduct.  She  may,  indeed,  feel  the  desire  of  starving 
an  enemy  nation ;  but  she  can  have  no  right  of  doing  it  at 
our  loss,  nor  of  making  us  the  instrument  of  it. 

The  President  therefore  desires  that  you  will  immedi- 
ately- enter  into  explanations  on  this  subject  with  the 
British  government.  Lay  before  them,  in  friendly  and 
temperate  terms,  all  the  demonstrations  of  the  injury  done 
us  by  this  act,  and  endeavour  to  obtain  a  revocation  of  it. 
and  full  indemnification  to  any  citizens  of  these  states, 
who  may  have  suffered  by  it  in  the  mean  time.  Accom- 
pany your  representations  with  every  assurance  of  our 
earnest  desire  to  live  on  terms  of  the  best  friendship  and 
harmony  with  them,  and  to  found  our  expectations  of  jus- 
tice on  their  part  on  a  strict  observance  of  it  on  ours. 

It  is  with  concern,  however,  I  am  obliged  to  observe., 
that  so  marked  has  been  the  inattention  of  the  British 
court  to  every  application  which  has  been  made  to  them 
on  any  subject,  by  this  government  (not  a  single  answer. 
I  believe,  having  ever  been  given  to  one  of  them,  except 
in  the  act  of  exchanging  a  minister)  that  if  may  become 
unavoidable  in  certain  cases,  where  an  answer  of  some 
sort  is  necessary,  to  consider  their  silence  as  an  answer — 
perhaps  this  is  their  intention.  Still,  however,  desirous 
of  furnishing  no  colour  of  offence,  we  do  not  wi*h  you  to 


396  AMERICAS 

name  to  them  any  term  for  giving  an  answer.  Urge  one 
as  much  as  you  can  without  commitment,  and  on  the  1st 
day  of  December  be  so  good  as  to  give  us  information  of 
the  state  in  Avhich  this  matter  is,  that  it  may  be  received 
during  the  session  of  Congress. 

The  2d  article  of  the  same  instruction  allows  the  armed 
vessels  of  Great  Britain   to   seize,  for  condemnation,  all 
vessels  on  their  first  attempt  to  enter  a  blockaded  port, 
except  those  of  Denmark  and  Sweden,  which  are  to  be 
prevented  only,  but  not  seized  on  their  first  attempt.     Of 
the  nations  inhabiting  the  shores  of  the  Atlantick  ocean 
and  practising  its  navigation,  Denmark,  Sweden,  and  the 
United  States   alone   are   neutral.     To  declare   then  all 
neutral  vessels  (for  as  to  the  vessels  of  the  belligerent  pow- 
ers, no  order  was  necessary)  to  be  legal  prize,  which  shall 
attempt  to  enter  a  blockaded  port,  except  those  of  Den- 
mark and  Szveden,  is  exactly  to  declare  that  the  vessels  of 
the  United  States  shall   be  lawful  prize,  and  those  of  Den- 
mark and  Sweden  shall  not.     It  is  of  little  consequence, 
that  the  article  has  avoided  naming  the  United  States, 
since  it  has  used  a  description  applicable  to  them,  and  to 
them  alone,  while  it  exempts  the  others  from  its  operation, 
by  name.     You  will  be  pleased  to  ask  an  explanation  of 
this  distinction,  and  you  will  be  able  to  say,  in  discussing 
its  justice,  that    in   every  circumstance   we   treat  Great 
Britain  on  the  footing  of  the  most  favoured  nation,  where 
our  treaties  do  not  preclude  us,  and  that  even  these  are 
just  as  favourable  to  her  as  hers  are  to  us.     Possibly  she 
may  be  bound  by  treaty  to  admit  this  exception,  in  favour 
of  Denmark  and  Sweden,  but  she  cannot  be  bound  by 
treaty  to  withhold  it  from  us  ;  and  if  it  be  withheld  merely 
because  not  established  with  us  by  treaty,  what  might  not 
we,  on  the  same  ground,  have  withheld  from  Great  Britain 
during  the  short  course  of  the  present  war,  as  well  as  the 
peace  which  has  preceded  it  ? 

Whether  these  explanations  with  the  British  govern- 
ment, shall  be  verbal  or  in  writing,  is  left  to  yourself. 
Verbal  communications  are  very  insecure,  for  it  is  only 
to  deny  them  or  to  change  their  terms,  in  order  to  do  away 
their  effect  at  any  time  ;  those  in  writing  have  many  and 
obvious  advantages,  and  ought  to  be  preferred  unless 
there  be  obstacles  of  which  we  are  not  apprized. 
I  have  the  honour  to  be,  &c. 

TH:  JEFFERSON. 


STATE    PATERS.  397 


Additional  instructions  to  the  commanders  of  his  majes- 
ty''s  ships  of  war,  and  privateers  that  have  or  may 
fiearvpR.  nave  letters  of  marque  against  France.  Given  at  our 
[l.  s.]  court  at  St.  Jameses,  the  eighth  day  of  June,  1793, 
and  in  the  33d  year  of  our  reign. 

1st.  That  it  shall  be  lawful  to  stop  and  detain  all  ves- 
sels loaded  wholly  or  in  part  with  corn,  flour  or  meal, 
bound  to  any  port  in  France,  or  any  port  occupied  by  the 
armies  of  France,  and  to  send  them  to  such  ports  as  shall 
be  most  convenient,  in  order  that  such  corn,  meal  or  flour, 
may  be  purchased  on  behalf  of  his  majesty's  government, 
and  the  ships  be  released  after  such  purchase,  and  after  a 
due  allowance  for  freight,  or  that  the  masters  of  such  ships 
on  giving  due  security,  to  be  approved  of  by  the  court  of 
admiralty,  be  permitted  to  proceed  to  dispose  of  their  car- 
goes of  corn,  meal  or  flour,  in  the  ports  of  any  country  in 
amity  with  his  majesty. 

2d.  That  it  shall  be  lawful  for  the  commanders  of  his 
majesty's  ships  of  war  and  privateers,  that  have  or  may 
have  letters  of  marque  against  France,  to  seize  all  ships 
whatever  be  their  cargoes,  that  shall  be  found  attempting 
to  enter  any  blockaded  port,  and  to  send  the  same  for 
condemnation,  together  with  their  cargoes,  except  the 
ships  of  Denmark  and  Sweden,  which  shall  only  be  pre- 
vented from  entering  on  the  first  attempt,  but  on  the  second 
shall  be  sent  in  for  condemnation  likewise. 

3d.  That  in  case  his  majesty  shall  declare  any  port  to 
be  blockaded,  the  commanders  of  his  majesty's  ships  of 
war  and  privateers  that  have  or  may  have  letters  of 
marque  against  France,  are  hereby  enjoined  if  they  meet 
with  ships  at  sea,  which  appear  from  their  papers  to  be 
destined  to  such  blockaded  port,  but  lo  have  sailed  from 
ihe  ports  of  their  respective  countries,  before  the  declara- 
tion of  the  blockade  shall  have  arrived  there,  to  advertise 
I  hem  thereof,  and  to  admonish  them  to  go  to  other  ports, 
but  they  arc  not  to  molest  them  afterwards,  unless  it  shall 
appear,  that  they  have  continued  their  course  with  intent 
lo  ruler  the  blockaded  port,  in  which  case  they  shall  be 
subject  to  capture  and  condemnation,  as  shall  likewise  all 
ships  wheresoever  found,  that  shall  appear  to  have  sailed 
from  their  ports,  bound  to  any  port  which  his  majesty  shall 


398  -  AMERICAN 

have  declared  to  be  blockaded,  after  such  declaration 
shall  have  been  known  in  the  country  from  which  they 
sailed,  and  all  ships  which  in  the  course  of  the  voyage 
shall  have  received  notice  of  the  blockade  in  any  manner, 
and  yet  shall  have  pursued  their  course  with  intent  to 
enter  the  same. 

G.  R. 

Mr,  Hammond,  Minuter  Plenipotentiary  of  Great  Britain, 
to  Mr.  Jefferson,  Secretary  of  State.  Philadelphia,  Sep- 
tember 12,  1793! 

Sir, — I  have  the  honour  of  transmitting  to  you  a  copy 
of  an  additional  instruction,  given  by  his  majesty's  order 
in  council,  to  the  commanders  of  the  British  armed  vessels, 
respecting  the  commerce  of  neutral  nations  with  France. 
in  the  articles  of  grain,  and  also  with  regard  to  such 
French  ports  as  may  in  the  course  of  the  war,  be  blockaded 
by  the  vessels  of  his  majesty,  or  of  the  other  powers  en- 
gaged in  the  war. 

In  communicating  to  you  this  paper,  it  is  necessary  for 
me  to  remark,  that  by  the  law  of  nations,  as  laid  down  by 
the  most  modern  writers,  it  is  expressly  stated,  that  all 
provisions  are  to  be  considered  as  contraband,  and  as  such 
liable  to  confiscation  ;  in  the  case  where  the  depriving  an 
enemy  of  these  supplies,  is  one  of  the  means  intended  to 
be  employed  for  reducing  him  to  reasonable  terms  of 
peace. — The  actual  situation  of  France,  is  notoriously 
such,  as  to  lead  to  the  employing  this  mode  of  distressing 
her  by  the  joint  operations  of  the  different  powers  engaged 
in  the  war,  and  the  reasoning  which  in  these  authors  ap- 
plies to  all  cases  of  this  sort,  is  certainly  much  more  appli- 
cable to  the  present  case,  in  which  the  distress  results 
from  the  unusual  mode  of  war,  employed  by  the  enemy 
himself,  in  having  armed  almos't  the  whole  labouring  class 
of  the  French  nation,  for  the  purpose  of  commencing  and 
supporting  hostilities  against  all  the  governments  of  Eu- 
rope— But  this  reasoning  is  most  of  all  applicable  to  the 
circumstances,  of  a  trade,  which  is  now  in  a  great  measure 
entirely  carried  on  by  the  actually  ruling  party  of  France 
itself,  and  which  is  therefore  no  longer  to  be  regarded,  as 
a  mercantile  speculation  of  individuals,  but  as  an  immedi- 
ate operation  of  the  very  persons  who  have  declared  war. 


STATE  TAPERS.  399 

and  are  now  carrying  it  on  against  Great  Britain — On 
these  considerations  therefore  the  powers  at  war,  would 
have  been  perfectly  justifiable  if  they  had  considered  all 
provisions  as  contraband ;  and  had  directed  them  as  such 
to  be  brought  in  for  confiscation. 

But  the  present  measure  pursued  by  his  majesty's  govern- 
ment, so  far  from  going  to  the  extent,  which  the  law  of 
nations  and  the  circumstances  of  the  case  would  have  war- 
ranted, only  has  prevented  the  French  from  being  supplied 
with  corn,  omitting  all  mention  of  other  provisions,  and 
even  with  respect  to  corn,  the  regulation  adopted  is  one, 
which  instead  of  confiscating  the  cargoes,  secures  to  the 
proprietors,  supposing  them  neutral,  a  full  indemnification 
for  any  loss  they  may  possibly  sustain. 

With  respect  to  the  rule  that  has  been  adopted  relative 
to  ports  blockaded,  it  is  conformable  to  the  general  law 
and  practice  of  all  nations,  and  the  exception  there  men- 
tioned as  to  Denmark  and  Sweden,  has  reference  to  exist- 
ing treaties  with  those  powers  :  and  cannot  therefore  give 
any  just  grounds  of  umbrage  or  jealousy  to  other  powers, 
between  whom  and  Great  Britain,  no  such  treaties  subsist. 

Before  1  conclude  this  letter,  1  deem  it  proper  to  ex- 
press my  hope  that  you,  sir,  will  perceive  in  the  commu- 
nication itself  of  this  paper,  a  proof  of  my  willingness,  to 
furnish  this  government  with  any  intelligence  that  may  be 
interesting  to  it,  and  thereby  to  anticipate  the  necessity 
of  inquiries  on  the  subject,  and  I  cannot  avoid  farther  add- 
ing my  conviction  that  the  explanation  I  have  now  given 
of  this  measure,  will  satisfactorily  evince  the  propriety  of 
recurring  to  it  in  the  present  instance. 

1  have  the  honour  to  be.  &c. 

GEO.  HAMMOND. 

Mr.  Jefferson,  Secretary  of  Stale,  to  Mr.  Hammond,  Minis- 
ter Plenipotentiary  of  Great  Britain.  September  22. 
1793. 

Sir, — I  have  yet  to  acknowledge  the  receipt  of  your 
favour  of  the  12th  instant,  covering  an  additional  instruc- 
tion to  the  commanders  of  British  armed  vessels,  and  ex- 
plaining its  principles  ;  and  1  receive  it  readily  as  a  proot 
of  your  willingness  to  anticipate  our  inquiries  on  subjects 
interesting  to  us.     Certainlv  none  was  owv  more  so  than 


400  AMERICAN 

the  instruction  in  question,  as  it  strikes  tit  the  reot  of  our 
agriculture,  and  at  the  means  of  obtaining  for  our  citizens 
in  general,  the  numerous  articles  of  necessity  and  comfort 
which  they  do  not  make  for  themselves,  but  have  hitherto 
procured  from  other  nations  by  exchange.  The  paper 
had  been  before  communicated  to  the  President,  and 
instructions  immediately  sent  to  our  minister  at  London, 
to  make  proper  representations  on  the  subject,  in  the  effect 
of  which  we  have  ail  that  confidence  which  the  justice  of 
the  British  government  is  calculated  to  inspire.  That 
"  all  provisions  are  to  be  considered  as  contraband  in  the 
case  where  the  depriving  an  enemy  of  these  supplies  is 
one  of  the  means  intended  to  be  employed"  or  in  any  case 
but  that  of  a  place  actually  blockaded,  is  a  position  entirely 
new.  However  the  discussion  having  been  transferred  to 
another  place,  I  forbear  to  enter  into  it  here. 

We  had  conjectured,  but  did  not  before  certainly  know, 
that  the  distinction  which  the  instruction  makes  between 
Denmark  and  Sweden  on  the  one  hand,  and  the  United 
States  on  the  other,  in  the  case  of  vessels  bound  to  ports 
blockaded,  was  on  the  principle  explained  by  you,  that 
what  was  yielded  to  those  countries  by  treaty,  it  is  not 
unfriendly  to  refuse  to  us,  because  not  yielded  to  us  by  treaty. 
I  shall  not  contest  the  right  of  the  principle,  as  a  right  to 
its  reciprocity  necessarily  results  to  us. 
I  have  the  honour  to  be,  &c. 

TH.  JEFFERSON. 


London,  5th  July,  1793. 

Dear  sir, — The  enclosed  copy  of  additional  instruc- 
tions to  the  commanders  of  British  men  of  war  and  priva- 
teers will  show  the  further  embarrassment  to  which  our 
commerce  will  be  subjected  in  the  present  war.  These 
instructions  though  dated  the  8th  of  June,  were  not  finally 
issued  to  the  admiralty  till  the  28th.  Lord  Grenville  jus- 
tifies them  from  the  authority  of  the  writers  on  the  law  of 
nations,  particularly  2d  Vattel,  72.  73.  and  urges  that  by  the 
doctrine  there  laid  down  they  have  not  gone  so  far  as  they 
would  have  been  justified  in  proceeding,  considering  the 
prospect  they  have  of  reducing  their  enemy  by  such  means, 
the  instructions  not  extending  to  all  kinds  of  provisions,  nor 
to  confiscations  of  those  kinds  that  are  mentioned.     That 


-STATE    PAPERS.  401 

{he  existing  circumstances  justifying  them  in  considering 
grain  as  among  contraband  articles,  they  come  within  the 
proclamation  issued  by  the  President.  That  the  French 
government  arc  in  fact  the  only  importers  of  grain  into 
that  country.  That  the  measure  was  so  guarded  by  direct- 
ing the  property  to  be  paid  for,  together  with  the  freight, 
that  the  owners  could  suffer  no  loss,  a  liberal  price  being 
always  allowed  in  these  cases,  and  he  was  hopeful  the 
matter  would  be  so  conducted  as  to  give  satisfaction  to  the 
parties  concerned.  I  urged  every  argument  that  suggested 
itself  to  me,  in  support  of  the  neutral  rights  which  I  con- 
tended were  injured,  in  this  instance,  pointed  to  inconve- 
niences that  would  attend  the  execution  of  the  instructions, 
and  urged  that  the  case  put  by  Vattel,  of  a  well  grounded 
hope  of  reducing  the  enemy  by  famine  did  not  exist,  pro- 
visions being  now  cheaper  in  the  ports  of  France  than  in 
those  of  England.  Lord  Grenville  on  being  asked,  said 
Spain  would  pursue  the  same  line  of  conduct ;  and  upon 
its  being  objected  that  even  their  late  convention  with 
Russia,  did  not  extend  to  this  object,  he  answered  that 
though  it  was  not  expressly  mentioned,  it  was  fully  under- 
stood by  both  parties,  to  be  within  the  intention  of  it.  At 
the  close  of  the  conversation,  I  told  him  I  should  transmit 
these  instructions  to  you,  accompanied  by  his  reasons  in 
their  justification.  Lord  Grenville  spoke  in  high  terms  of 
approbation  of  the  answers  to  Mr.  Hammond's  memorials 
which  he  received  by  the  packet. 

1  have  the  honour  to  be,  &c. 

THOMAS  PLXCKNEY- 
The  Secretary  of  State. 

'Jar'.  Pinckney,  Minister  Plenipotentiary  of  the  United  States,, 
with  Great  Britain,  to  Mr.  Jefferson,  Secretary  of  State. 
London.  Auvust  15,  1793. 

Dear  sir, — The  frequent  interruptions  our  vessels  ex^ 
nerience,  especially  in  navigating  the  European  seas, 
induce  me  to  address  you  in  cipher. 

I  have  had  several  conversations  with  Lord  Grenville, 
hut  do  not  find  that  this  government  will  at  all  relax  in  the 
rn<  asorcs  they  have  adopted  towards  the  neutral  nations — 
\  have  urged  every  thing  in  my  power,  in  opposition  to  the 
policy  as  well  as  the  right  of  these  mcu-sures.,  and  have 

VOL.    1.  •'W 


'% 


4K)2  AMERICAN 

assured  him  they  will  be  considered  by  our  governments 
as  infringements  of  the  neutral  rights.  As  I  cannot  speak 
from  authority  on  the  subject,  I  have  not  said  what  mea- 
sures we  shall  adopt  in  consequence,  although  I  have 
strongly  insisted  on  the  detriment  to  the  commercial  inter- 
ests of  this  country,  which  must  necessarily  ensue  from 
the  various  impediments  opposed  to  a  free  intercourse,  as 
well  as  from  the  ill  will  they  will  excite.  I  may  perhaps 
estimate  too  highly  the  blessings  of  peace  in  general,  and 
the  advantages  of  our  neutral  situation,  notwithstanding 
all  the  deductions,  to  be  made  on  account  of  the  conduct 
of  this  country.  But  it  appears  to  me  that  if  the  United 
States  should  deem  it  necessary  to  go  beyond  the  line  of 
remonstrance  on  this  occasion,  prudence  will  dictate,  that 
our  opposition  should  be  confined  to  commercial  regu- 
lations.    With  the  utmost  respect, 

I  have  the  honour  to  be^  &c. 

THOMAS  PINCKNEY. 

Mr.  Pinckney  presents  his  compliments  to  Lord  Gren- 
ville,  and  has  the  honour  of  enclosing,  in  conformity  to  his 
Lordship's  desire,  a  memorandum  relating  to  the  Ameri- 
can ship  Eliza,  to  which  he  has  added  a  note  concerning 
two  other  vessels ;  these  form  only  a  small  part  of  the 
American  vessels  brought  into  the  different  ports  of  Great 
Britain.  Mr.  P.  thinks  it  unnecessary  to  add  any  thing 
to  what  he  has  had  the  honour  of  personally  mentioning 
to  his  lordship  on  this  subject— but  has  a  firm  reliance 
that  in  the  execution  of  measures  which  he  is  assured  the 
government  of  the  United  States  will  consider  as  infringe- 
ments of  the  neutral  rights,  Lord  Grenville's  endeavours 
will  not  be  wanting  to  prevent  any  unnecessary  aggrava- 
tion of  the  inconveniences  arising  therefrom. 

Great  Cumberland  Place,  22d  July,  1793. 


Mr.  Pinckney,  Minister  Plenipotentiary  of  the  United  States, 
with  Great  Britain,  to  Mr.  Jefferson,  Secretary  of  State. 
London,  August  28,  1793. 

Dear  sir, — Having  in  my  former  communications  re- 
lated the  conduct  of  this  government  to  the  neutral  powers, 
with  the  reasons  assigned  by  Lord  Grcnville  for  this  con- 


STATE  PAPERS.  403 

duct,  which  reasons,  as  far  as  they  concern  enemy's  pro- 
perty on  board  of  neutral  vessels,  his  Lordship  informed 
me  he  had  directed  Mr.  Hammond  to  represent  fully  to  our 
government.  I  have  only  to  add,  that  from  subsequent 
conversations,  there  does  not  appear  any  probability  of 
the  British  government  relinquishing  this  point — these 
measures  are  attended,  for  the  present,  with  greater  in- 
convenience, and  consequent  irritation  to  our  citizens,  on 
account  of  the  court  of  admiralty  having,  as  yet,  given  no 
decision  on  the  freight,  demurrage,  &c.  to  be  allowed  to 
the  vessels  brought  in  ;  on  this  subject  I  have  made  repeat- 
ed applications  (for  although  I  am  convinced  of  the  respect 
due  to  the  proceedings  of  the  judiciary  of  every  nation, 
yet  if,  in  any  case,  a  delay  of  justice  may  be  deemed 
equivalent  to  a  denial,  it  certainly  may,  in  the  case  of 
vessels,  circumstanced  as  many  of  ours  are)  and  the  court 
of  admiralty  having  adjourned  to  the  fourth  of  September, 
without  any  decision  on  these  points,  I  reiterated  my  re- 
presentation to  the  Secretary  of  State,  who  appeared  to 
be  surprised  at  the  farther  procrastination  ;  and  I  am. 
from  circumstances,  inclined  to  think,  that  he  will  endea- 
vour to  accelerate  this  business,  at  the  time  to  which  the 
court  stands  adjourned.  As  I  thought  it  right  that  the 
evidence  oi)our  opposition  to  the  measures  pursued  here, 
should  not  ^est  merely  on  official  conversations,  I  took  an 
opportunity  of  bringing  forward  the  discussion  in  writing, 
so  far  at  least  as  to  amount  to  an  authentick  document  of 
our  claim,  with  some  of  the  reasons  in  support  of  it,  at 
the  same  time  that  I  endeavoured  so  to  guard  it,  as  to 
leave  our  government  unembarrassed  in  any  line  they 
might  think  proper  to  pursue.  I  enclose  a  copy  of  what 
passed  on  this  subject.     I  have  the  honour  to  be,  &c. 

TH:  PINCKNEY. 


Mr.  Pin'ckney  has  the  honour  of  acknowledging  the 
receipt  of  Lord  Grenville's  note  of  the  31st  ult.  and  of 
expressing  his  obligation  for  the  assurance  therein  con- 
tained, that  his  lordship's  endeavours  will  be  exerted  to 
prevent,  as  far  as  possible,  any  inconvenience  to  which 
ihc  European  commerce  of  the  citizens  of  the  United 
States  of  America  may  be  liable,  from  the  measures  una- 
voidably resulting  from  the  existing  state  of  war:  and  as 


404  AMERICAN 

his  lordship  has  adverted  to  an  observation  contained 
in  Mr.  Pinckney's  note  of  the  22d  ult.  he  will  take  the 
liberty  of  briefly  stating  the  principal  reasons  which  sug- 
gested his  remark,  that  "  some  of  the  measures  of  this  go- 
vernment will  be  considered  by  the  United  States  as  in- 
fringements on  the  neutral  rights."  The  measures  alluded 
to,  are  particularly  those  which  contravene  the  principles, 
that  free  ships  make  free  goods,  and  which  prevent  cer- 
tain articles  of  provision,  the  produce  of  the  United  States, 
from  being  carried,  in  their  own  vessels,  to  the  unblock- 
aded  ports  of  France.  With  respect  to  the  first,  it  is  con- 
ceived that  as  commerce  has  been  more  diffusively  culti- 
vated, and  its  principles  better  understood,  the  law  of 
nations,  relating  thereto,  has  received  material  improve- 
ments since  the  publication  of  the  most  modern  and  most 
approved  writers  on  that  subject,  and  that  whatever  doubts 
may  formerly  have  existed  on  this  point,  that  the  sense  of 
a  considerable  majority  of  the  maritime  powers  of  Europe 
has,  within  the  last  twenty  years,  been  clearly  expressed 
in  favour  of  the  principle  of  free  ships  making  free  goods, 
which  has  been  manifested  by  their  practice,  in  the  latter 
years  of  the  American  war,  by  the  stipulations  entered 
into  at  that  time,  and  by  their  having  inserted  the  same 
in  their  latest  treaties.  Of  these,  the  treaties  entered  into 
between  the  United  States  and  several  European  powers, 
are  among  the  most  recent:  all  of  which  support  this  doc- 
trine, by  express  stipulation  ;  and  even  Great  Britain  must 
admit,  that  this  principle  contains  nothing  dishonourable 
or  improper,  since  she  has  adopted  it  in  her  commercial 
treaty  with  France ;  and  it  may  not  be  amiss  here  to  re- 
mark,  that  the  commerce  of  the  United  States  is  as  advan- 
tageous to  Great  Britain,  taking  all  circumstances  into 
consideration,  as  that  of  France  has  been  :  Supposing, 
then,  the  question  of  right  to  be  waved,  would  it  be  deem- 
ed unreasonable  for  the  United  States  to  expect  equal  ad- 
vantages with  those  France  would  have  enjoyed  in  similar 
circumstances  ?  But  the  right  now  contended  for,  appeals 
not  only  supported  by  modern  practice,  but  to  be  con- 
formable to  reason  :  For  if  two  nations  have  the  misfor- 
tune of  being  engaged  in  war  against  each  other,  it  is  evi- 
dently contrary  to  the  dictates  of  reason,  that  a  third,  who 
has  no  concern  in  the  quarrel,  and  has  offended  neither 
party,  should  be  injured  thereby,  or  be  debarred  from  that 


STATE    PAPERS.  405 

intercourse  with  either,  which  is  not  immediately  connect- 
ed with  military  operations.  And  although  people  in  a 
state  of  war,  have,  in  general,  a  right  to  seize  or  destroy 
their  enemy's  property,  yet  they  cannot  be  justified  in 
going,  for  that  purpose,  upon  neutral  territory ;  (in  con- 
formity to  which  doctrine,  the  British  ship  Grange,  cap- 
tured by  a  French  frigate  in  the  bay  of  Delaware,  was 
lately  liberated  by  order  of  the  American  government ;) 
and  the  distinction  drawn  between  neutral  territory  and 
neutral  vessels,  does  not  appear  to  form  a  difference  suf- 
ficiently substantial  to  preclude  the  application  of  the 
same  principles  to  both.  It  may  be  here  added  that  in 
the  last  war.  the  Americans  adopted,  and  carried  into  ef- 
fect, this  principle  to  the  advantage  of  British  subjects, 
having  actually  liberated  several  British  cargoes  captured 
on  board  of  neutral  vessels.  Most  of  the  arguments  op- 
posed to  the  first  measure,  will  apply  with  equal  force,  to 
that  of  bringing  American  provision  vessels,  bound  to  the 
un  blockaded  ports  of  F ranee,  into  this  kingdom — to  which 
it  may  be  added,  that  if  Mr.  Pinckney's  information  is 
just,  (and  lie  has  omitted  no  opportunity  which  his  situa- 
tion has  afforded  him,  of  obtaining  accurate  intelligence 
on  this  subject.)  the  reason  assigned  by  writers  on  the  law 
of  nations,  for  measures  of  this  nature,  namely  the  well 
grounded  hope  of  reducing  an  enemy  by  famine,  does  not 
npply,  in  the  present  instance ;  because  the  price  of  the 
articles  pointed  out  in  the  additional  instructions,  is  lower 
in  the  French  ports,  than  in  those  of  this  kingdom,  where 
there  is,  by  no  means,  any  scarcity.  Arguments  founded 
on  the  inconvenience  attending  the  execution  of  measures, 
may  fairly  be  adduced  against  their  adoption  ;  these  are  so 
numerous,  and  so  obviously  opposed  to  both  the  measures 
now  under  consideration,  that  it  would  lie  superfluous  to 
select  any  but  those  circumstances  which  press  in  a  pecu- 
liar manner  upon  the  citizens  of  the  United  States.  Un- 
der  this  head  it  may  be  observed,  that  for  want  of  arrange- 
ments being  made  for  the  security  of  American  seamen  in 
ihc  ports  of  this  country,  they  are  subject  to  the  various 
hardships  Mr.  Pinckney  has  so  frequently  detailed  to  Lord 
( irenville  ;  of  course  their  being  Captured  and  brought  into 
these  ports,  renders  them  liable  to  those  disadvantages 
they  would  otherwise  have  avoided.  Grain  being  the 
principal  export  of  the  United  States,  if  they  are  prevent- 


40G  AMERICAS 

ed  from  carrying  that  commodity  to  the  French  ports, 
they  are  not  only  deprived  of  that  branch  of  commerce; 
but  are  prevented  from  drawing  those  commodities  from 
France,  for  which  they  have  occasion ;  for  in  case  of  the 
capture  and  sale  of  their  property  here,  other  regulations 
prevent  remittances  being  made  from  hence  to  France,  to 
purchase  the  supplies  they  want.  Another  inconvenience 
peculiar  to  the  Americans  is,  that  the  similarity  of  language 
renders  them  more  obnoxious  to  the  irritation  arising  from 
contumelious  treatment,  too  often  exhibited  by  the  cap- 
tors to  those  whom  they  have  taken  ;  which  may,  in  part, 
be  attributed  to  those  persons  being  interested  in  widen- 
ing the  field  of  capture,  who  are  necessarily  employed  in 
executing  the  measure  ;  it  renders  them  also  more  acces- 
sible to  offers  of  bribery,  to  commit  unworthy  actions  ;  on 
both  of  which  subjects,  representations  have  been  already 
made ;  but  the  evil  Mr.  Pinckney  most  sincerely  depre- 
cates, is  the  animosity  the  execution  of  these  measures 
almost  unavoidably  generates  between  the  parties  con- 
cerned therein  ;  which,  by  extending  in  their  respective 
countries,  may  eventually  diminish  that  friendship,  which 
it  is  the  interest,  and  he  trusts,  the  desire  of  both  nations 
to  augment.  , 

These  arguments  might  be  detailed  much  more  at 
length,  and  others  added  to  corroborate  them  ;  but  Mr. 
Pinckney  has  deemed  it  necessary  only  to  touch  upon 
some  of  the  reasons  on  which  his  observation  was  found- 
red,  to  obviate  the  idea  of  his  wishing  to  claim,  in  behalf 
of  the  United  States,  exemptions  to  which  they  are  not,  in 
reason,  entitled.  At  the  same  time,  he  assures  Lord  Gren- 
ville  of  the  due  sense  which  will,  at  all  times,  be  entertain- 
ed by  his  country,  for  any  circumstances  of  particular 
attention  to  their  commerce,  and  of  their  earnest  desire,  by 
a  reciprocation  of  good  offices  to  increase  the  mutual  ad- 
vantages of  both  nations. 

Mr.  Pinckney  begs  leave  to  make  his  best  acknowledg- 
ments to  Lord  Grenville's  declaration  of  personal  esteem, 
and  to  offer  his  sentiments  of  respectful  consideration  for 
hi*  Lordship. 


STATE  PAPERS.  407 

Whitehall,  July  31,  1793. 

Lord  Grenville  has  had  the  honour  to  receive  Mr. 
Pinckney's  note  of  the  22d  July,  with  the  memorandum 
accompanying  it ;  he  has  directed  inquiry  to  be  made  res- 
pecting the  cases  of  the  several  ships  mentioned  by  Mr. 
Pinckney,  which  he  apprehends,  however,  to  be  all  in  a 
course  of  legal  adjudication,  and  consequently  not  in  a 
state  to  admit  of  the  interference  of  government. 

Mr.  Pinckney  may  be  assured  of  Lord  Grenville's  best 
endeavours  at  all  times,  to  prevent,  as  far  as  possible,  any 
inconvenience  arising  to  the  subjects  of  the  United  States 
in  their  European  commerce,  from  the  measures  which 
unavoidably  result  from  that  state  of  war,  in  which  the 
maritime  countries  of  Europe  are  engaged.  But  it  is  im- 
possible for  him  not  to  remark,  in  reply  to  the  observation 
contained  in  Mr.  Pinckney's  note,  that  the  steps  adopted 
by  this  government,  so  far  from  being  infractions  of  the 
neutral  rights,  are  more  favourable  than  the  law  of  nations 
on  that  subject,  as  established  by  the  most  modern,  and 
most  approved  writers  upon  it ;  and  that  the  rule  laid 
down  here,  has  been  marked  with  circumstances  of  parti- 
cular attention  to  the  commerce  of  America,*  in  the  in- 
stance which  Lord  Grenville  has  already  had  the  honour 
of  pointing  out  to  Mr.  Pinckney. 

Lord  Grenville  avails  himself  of  this  opportunity,  to 
assure  Mr.  Pinckney  of  his  sincere  esteem  and  con- 
sideration.. 


Mr.  Pinckney,  Minister  Plenipotentiary  of  the  United  States 7 
with  Great  Britain,  to  Mr.  Jefferson,  Secretary  of  State. 
London,  September  25,  1793. 

Dear  sir, — No  alteration  has  taken  place  since  my 
last,  in  the  conduct  of  this  government  towards  the  neu- 
tral powers  ;  they  still  assert  the  propriety  of  preventing 
the  provisions  specified  in  their  additional  instructions, 
from  being  sent  to  French  ports,  and  of  making  prize  of 
their  enemy's  property,  in  whatever  vessels  it  may  be 
found — the  execution  of  these  measures,  of  course,  creates 
much  uneasiness  among  our  citizens,  whose  commerce  is 

*  This  alludes  to  rice  not  being  included  in  the  prohibition.  T   P. 


408  AMERICAN 

much  injured  thereby — I  receive  assurances  that  their 
court  will  amply  redress  the  irregularities  which  may  be 
Committed  by  their  cruisers,  upon  proper  application ; 
but  these  are  frequently  of  a  nature,  to  be  with  difficulty 
brought  under  the  cognizance  of  the  judiciary  ;  and  I  find 
our  seafaring  people  in  general,  rather  inclined  to  submit 
to  the  first  inconvenience,  than  risk  the  event  of  a  lawsuit. 
The  court  of  admiralty,  in  the  beginning  of  the  present 
month,  adjudged  freight,  demurrage,  and  expenses  to  an 
American  vessel,  whose  cargo  was  condemned.  I  am 
hopeful,  since  this  precedent,  that  it  will  be  allowed  in  all 
other  cases,  which  will,  of  course,  prevent  so  many  of  our 
vessels  from  being  brought  in.  The  protection  afforded 
our  seamen,  remains  also  on  the  same  footing  ;  they  pro- 
fess a  willingness  to  secure  to  us  all  real  American  sea- 
men, when  proved  to  be  such ;  but  the  proof  they  will  not 
dispense  with — our  consuls  are  allowed  to  give  protec- 
tions, where  the  master  of  the  vessel  and  the  mariner, 
swear,  that  the  party  is  an  American  native  and  citizen, 
which  protections,  in  general,  are  respected,  though  some 
irregularities  occasionally  take  place.  So  many  objec- 
tions are  made  to  the  arrangement  we  propose  on  this 
subject,  that  I  see  no  prospect  of  its  taking  place. 
]  remain,  &c.  THOMAS  P1NCKNEY. 


Hit 'ruct from  the  Convention  between  his  Britannick  Majesty 
and  the  Empress  of  Russia,  signed  at  London  the  *25th  of 
March,   1793. 

Article  3d.  Their  said  majesties  reciprocally  engage,  to 
^hut  all  their  ports  against  French  ships,  not  to  per- 
mit the  exportation  in  any  case  from  their  said  ports 
for  France,  of  any  military  or  naval  stores,  or  corn, 
grain,  salt  meat,  or  other  provisions ;  and  to  take  all 
other  measures  in  their  power  for  injuring  the  commerce 
of  France,  and  for  bringing  her,  by  such  means,  to  just 
conditions  of  peace. 

\rliele  4th.  Their  majesties  engage  to  unite  all  their 
efforts  to  prevent  other  powers,  not  implicated  in  this 
war,  from  giving  on  this  occasion  of  common  concern  to 
every  civilized  state,  any  protection  whatever,  directly, 
or  indirectly,  in  consequence  of  their  neutrality  to  the 


STATE    PAPERS.  409 

commerce  or  property  of  the  French  on  the  sea,  or  in 
the  ports  of  Frr  ice. 

By  the  treaty  between  his  Britannick  majesty  and  the 
king  of  Sardinia,  signed  at  London  the  25th  April,  1793, 
the  latter  engages  to  keep  on  foot,  during  the  war,  an 
army  of  fifty  thousand  men,  for  the  defence  of  his  domi- 
nions, as  well  as  to  act  against  the  common  enemy ;  and 
the  former  engages  to  send  into  the  Mediterranean,  a  re- 
spectable fleet,  to  be  employed  as  circumstances  shall  per- 
mit, in  that  quarter.  By  the  2d  article,  Great  Britain  is 
engaged  to  furnish  to  Sardinia,  during  the  war,  a  subsidy 
of  two  hundred  thousand  pounds  sterling,  payable  quarter- 
ly, in  advance ;  the  first  payment  at  the  date  of  this  treaty. 
By  the  third  article,  his  Britannick  majesty  guarantees  to 
his  Sardinian  majesty,  the  restitution  of  all  the  parts  of 
his  dominions  which  have,  or  may  be  taken  from  him, 
during  the  war.  The  4th  and  5th  articles  make  all  hos- 
tilities, in  consequence  of  this  treaty,  a  common  cause, 
and  direct  the  exchange  of  ratifications  in  two  months  or 
sooner. 

Department  of  State,  to  wit : 

I  hereby  certify,  that  the  preceding  copies,  beginning 
with  a  letter  of  November  29th,  1791,  and  ending  with  one 
of  September  25th,  1793  :  and  the  paper  it  enclosed,  are 
from  originals,  or  from  authentick  copies  in  the  office  of 
the  department  of  state. 

Given  under  my  hand,  this  4th  day  of  December,  1 793. 

TH:  JEFFERSON. 


tor,,  j. 


41%  AMERICAN 


PAPERS  RELATIVE  TO  FRANCE. 

£The  following  documents,  not  found  in  the  pamphlet  usually  considered  a* 
those  communicated  with  the  message  of  December  5,  are  printed  witfc 
some  other  papers,  which  we  have  already  inserted,  and  must  be  though! 
to  have  been  omitted  by  mistake.] 

Citizen  Genet,  Minister  Plenipotentiary  of  the  French  Re- 
puhlick,  to  Mr.  Jefferson,  Secretary  of  State  of  the  United 
States.  JVeze  York,  September  30,  1793,  2d  year  of  the. 
French  Repnblicfc. 

Sir, — I  am  directed  to  communicate  to  you  a  new  de- 
cree of  the  National  Convention,  passed  the  20th  March, 
relative  to  the  commerce  of  the  United  States  with  our 
eolonies — You  will  find  in  it,  sir,  fresh  proofs  of  the  at- 
tachment which  France  bears  to  the  Americans,  and  of  the 
interest  which  she  takes  in  their  prosperity — After  having 
eonftrmed,  by  the  preceding  decree,  to  their  European 
commerce  every  advantage  they  could  wish  during  the 
present  war,  she  has  established  for  them,  by  this,  the 
opening  of  the  ports  of  her  colonies  for  the  consumption 
of  alhthe  productions  of  their  soil,  and  their  industry,  for 
the  importation  into  the  United  States  of  part  of  her 
sugars,  and  her  coffee,  and  for  the  exportation  of  every 
kind  of  colonial  production  to  the  ports  of  France,  on  the 
same  footing  with  the  French  themselves.  This  law,  con- 
structive of  that  of  the  19th  February,  appears  such  to  me 
that  I  cannot  conceive  the  United  States  could  wish  a 
more  favourable  one.  I  have  been  also  charged  to  direct 
all  the  consuls  and  other  agents  of  the  French  Republick 
to  attend  to  the  equipments  which  may  take  place  in  the 
different  ports  of  the  United  States  for  the  French  colo- 
nies, and,  to  prevent  any  violation  of  the  regulations  of 
the  1st  and  3d  article  of  the  enclosed  decree  ;  and  I  have 
every  reason  to  believe  that  the  federal  government  will 
cheerfully,  and  without  delay,  take  the  necessary  steps 
that  the  directions  which  I  am  about  to  give  on  this  head 
shall  meet  with  no  difficulty  on  their  part. 

Hitherto,  sir,  the  greatest  part  of  my  correspondence 
has  only  presented  you  with  details  distressing  for  a  phi- 
losopher.    The  declaration  of  war,  occasioned  by  tyranny 


STATE    PAPERS.  41 1 

against  France  in  freedom,  has  only  allowed  me  to  speak 
to  you  of  the  military  points  fixed  between  our  nations  by 
the  alliance  which  unites  them ;  but  I  this  day  find  a  real 
pleasure  in  engaging  your  attention  in  details  more  con- 
dolatory, in  details  which  cannot  fail  of  being  to  you  the 
most  interesting,  since  they  have  no  other  object  than  the 
peaceable  pursuits  of  man  as  a  social  being,  of  man  on 
whom  philosophy  is  delighted  to  fasten  her  attention. 
Urged  by  the  convulsions  which  occasion  the  establish- 
ment within  itself  of  a  constitution  which  annihilates  every 
privilege,  which  stifles  every  prejudice,  surrounded  by  all 
the  force  which  tyranny  and  fanaticism  can  collect  against 
her  from  every  part  of  Europe,  France,  presenting  in  one 
band  the  shield  of  liberty,  and  in  the  other  the  thunderbolt 
of  war,  already  marks  out  by  her  inspiration  those  extent 
sive  enterprises  which,  on  the  return  of  peace,  will  fix,  in 
their  execution  the  happiness  of  the  French  and  of  their 
fillies,  and  prepare  a  regeneration  for  the  inhabitants  of 
the  whole  earth  !  Among  these  views  her  first  attention  has 
been  fixed  upon  the  commercial  ties  of  the  Republick  with 
other  nations.  The  national  convention  has  felt  the  im- 
mense satisfaction  which  enables  them  to  enjoy  the  spec- 
tacle of  that  establishment  which,  in  annihilating  dis- 
tances, unites,  at  the  same  spot,  the  productions  and  the 
enjoyments  of  every  climate,  and  which,  by  connecting 
l  he  human  race  scattered  over  the  earth  should  collect 
them  into  one  family  only,  constantly  excited  by  the  inter- 
change which  their  mutual  wants  occasion.  She  has  seen 
with  grief  every  people  groaning  under  commercial  regu- 
lations, as  absurd  as  they  are  tyrannical,  every  where  the 
victims  of  errours  and  of  greedy  exactions  ;  she  has  seen 
them  with  pain  after  having  overcome  seas,  mountains, 
deserts,  and  every  barrier  which  nature  appeared  to  have 
placed  between  them,  checked,  in  the  moment  when  their 
efforts  were  to  be  crowned  with  success,  by  rules  and 
ministerial  regulations,  which,  impeding  their  genius,  putfa 
more  insurmountable  bars  to  their  intercourse,  than  those 
even  which  nature  appears  to  have  created.  France, 
-sir,  perceiving  the  period  when  all  nations  will  he  freed 
from  these  obstacles,  views  the  moment  when  every  one, 
.governed  by  the  same  laws,  led  by  the  same  interests,  and 
leading  freely  their  activity  over  the  face  of  the  earth, 
iind   on  it   no   other   commercial   guide    ilian   their  cwwi 


412  AMERlCAS 

genius  ;  she  has  fixed  her  attention  upon  that  happy  pe- 
riod, and  she  has  determined  to  accelerate  it ;  persuaded 
that  the  fittest  means  to  attain  this  end  was  to  hold  up  the 
example  of  two  people  enjoying  every  advantage  of  a 
perfectly  free  communication,  she  has  turned  her  eyes  to 
the  Americans,  a  people  governed  like  herself  without  a 
king,  and  whose  constitutional  principles  resemble  her 
own,  a  people  whose  enlightened  minds  have,  like  her 
own,  stifled,  or  are  ready  to  stifle,  all  the  prepossessions 
of  ignorance,  a  people  finally  whose  genius  struggles  like 
her  own  with  the  obstacles  which  corrupt  court  system* 
oppose  to  their  commercial  activity  ;  such  a  people  ap- 
pear to  her  those  whom  she  ought  to  connect  herself  with, 
to  attain  the  great  end  she  meditates  ;  it  is  with  this  people 
she  has  determined  to  conclude  a  new  treaty,  which, 
founded  upon  the  unchangeable  principles  of  nature,  may, 
by  becoming  an  object  of  envy  to  other  nations,  invite 
them  to  participate  in  it,  and  may  serve  as  a  model  to  all 
those  who  in  future  form  compacts  between  themselves. 
Instead  of  the  mutual  interest  of  the  contracting  nations 
she  has  only  seen  in  the  treaties  hitherto  made,  a  combi- 
nation formed  for  an  insatiable  and  ignorant  system  of 
taxation,  deceitful  calculations  by  interested  individuals, 
and  refinements  upon  a  system  equally  repugnant  to  rea- 
son, justice,  and  sound  policy.  It  is  in  the  viciousness  of 
th^se  regulations  that  she  discovers  the  instability  of  every 
treaty  hitherto  made  between  governments,  and  the  con- 
stant cause  of  their  violation.  France  therefore  wishes 
now  with  America,  hot  a  treaty,  the  very  name  imports  a 
nullity,  but  a  compact  agreed  to  by  both,  and  the  duration 
of  which  shall  depend  for  its  support,  not  on  a  temporary 
interest,  nor  the  understanding  between  two  cabinets,  but, 
on  the  real  and  settled  interest  of  the  two  people. 

It  is  with  this  view  that  the  national  convention  has 
called  for  a  report  on  the  commercial  regulations  establish- 
ed between  the  two  nations  since  the  treaties  made  under 
our  last  government.  It  has  resulted  from  this  research, 
that  our  connexions  have  been  very  slender  indeed,  that 
the  maximum  of  annual  American  importations,  into  the 
French  ports,  has  never  extended  to  eleven  millions,  that 
their  exportations  were  scarcely  two  millions  and  a  half, 
and  that  the  eight  millions  surplus  paid  in  specie,  had  no 
<*ther  destination  than   to  go  in  support  of  the  English 


2,'iTATE    PAPERS. 


413 


manufactories.  France  has  seen  that  since  she  has  called 
from  all  parts  for  the  introduction  of  provisions  into  her 
territories,  America  has  hardly  furnished  the  sixteenth  part 
of  the  corn  and  grain  which  have  been  introduced  there, 
arid,  that  fifteen  sixteenths  have  been  carried  there  by- 
foreign  nations,  and  even  by  those  whose  governments 
have  forced  them  into  a  war  with  her !  They  have  seen 
with  regret  in  this  account,  that  after  having  considerably 
reduced  the  duty  imposed  upon  your  tobacco,  that  after 
having  admitted  your  fish  and  oil  (which  obliged  us  to  keep 
up  premiums  on  our  own  establishments  for  the  cod  and 
whale  fishery)  Ave  do  not  enjoy  with  you  any  sort  of  favour 
for  our  exportations  or  importations,  and,  that  after  hav- 
ing taken  off  the  duty  on  the  freight  by  your  vessels,  you 
have  imposed  upon  ours  a  most  exorbitant  rate  of 
tonnage. 

The  national  convention  has  been  also  informed,  by 
this  account,  that  since  the  last  war  the  admission  of  Ame- 
ricans into  the  French  colonies  has  thrown  into  their  hands 
an  immense  sum  of  ready  money,  which  that  war  had  left 
there,  which  the  French  government  sends  there  for  the 
expenses  of  its  administration,  and  which  is  obtained  there 
by  the  intercourse,  direct  or  indirect,  with  the  Spanish, 
and  English  colonies.  It  has  been  informed  that  they 
hare  exported  all  the  sirups  and  molasses,  the  greatest 
pari  of  the  rum  and  taffia,  and  a  prodigious  quantity  of 
sugar,  coffee,  and  other  colony  produce,  especially  since 
the  revolution  has  occasioned  a  neglect  of  the  means  of 
preventing  it.  France,  sir,  has  seen,  without  regretting, 
that  a  part  of  these  immense  productions  have  contributed 
to. the  prosperity  of  a  people  whose  struggles  for  their 
liberty  were  seconded  by  her  efforts  ;  but  she  has  also 
seen  with  the  most  poignant  grief,  that  the  greatest  part  of 
these  riches  have  only  served  to  discharge  vour  engage- 
ments with  the  English,  and  to  enrich  her  own  enemies. 
She  has  seen,  and  sensibly  felt,  that  her  ties  with  your 
nation  have  served  only  to  ruin  her  national  commerce 
without  obtaining  the  smallest  encouragement  to  her 
manufactories,  and  without  famishing  the  least  opening  for 
the  superfluous  productions  of  her  soil.  France,  notwith- 
standing this  disastrous  picture,  is  far  from  intending  to 
withdraw  the  benefits  she  has  granted  you  :  on  the  contra- 
ry her  wish  is  to  increase  them,  and  her  decrees  are  proofs 


414  AMERICAN 

of  it ;  but  she  asks  of  you  a  just  equivalent.  She  expect* 
the  part  she  yields  to  you  of  her  riches,  ^far  from  being 
carried  to  a  power  as  much  your  enemy  as  her  own. 
Should  have  its  natural  effect  in  improving  our  mutual 
eonnexion.  She  persuades  herself  that  the  extensive 
opening  she  offers  to  all  your  commodities  should  procure 
one  to  her  manufactures,  and  to  such  of  her  productions  a? 
nature  has  as  yet  refused  to  your  own  soil.  She  wishe6 
finally  that  the  share  which  she  gives  you  of  her  riches  of 
every  kind,  especially  of  the  riches  of  her  colonies,  should 
furnish  objects  of  exchange,  not  with  your  former  tyrants, 
but  with  your  allies  and  with  your  truest  friends.  Doubt- 
less, sir,  France  seeks  with  reluctance,  against  England, 
laws  of  which  she  condemns  the  principles  :  doubtless  her 
first  wish  would  be  to  see  the  English  nation,  as  well  as 
every  other,  united  by  a  free  commerce,  a  commerce 
which  should  have  no  other  rule,  or  other  bounds,  than 
their  own  activity :  but  until  that  nation  has  freed  itself 
from  the  fiscal  system  under  which  it  groans,  until  it  shall 
have  renounced  its  plan  of  domineering  on  all  seas,  and 
over  all  commerce,  until  she  agrees  to  abandon  a  system, 
as  impolitick  for  her,  as  it  is  revolting  to  other  nations, 
France  is  forced  to  an  opposition  equalled  to  the  efforts 
of  a  ministry  wishing  to  monopolize  all  commerce  :  She  is 
forced  to  follow  the  steps  of  a  system  she  disclaims,  but 
which  the  interest  of  the  French  nation  requires  so  long 
as  it  shall  be  the  ruling  principle  of  the  other  government. 

It  is  upon  such  considerations,  sir,  that  I  am  charged, 
as  I  have  already  had  the  honour  to  inform  you,  to  open 
with  you  a  new  negotiation,  the  basis  of  which  shall  be  its 
candour  and  its  patriotism,  the  rules  of  which  shall  be  the 
real  friendship  which  unites  the  two  people,  and  the  end 
of  which  shall  be  the  mutual,  and  well  understood,  interest 
of  both  nations.  I  promise  myself  that  I  shall  find  the 
same  frankness  in  the  government  of  the  United  States, 
for  this  great  work,  as  I  am  directed  to  proceed  with  in 
it  ;  I  promise  myself  that  you  will  be  equally  eager  to  con- 
cur in  completing  a  compact  which  will  do  honour  to 
humanity,  and  which,  being  founded  in  nature  itself,  will 
be  rendered  imperishable. 

It  would  be  to  me  unfortunate,  and  it  would  be  afflicting 
to  France,  if  I  should  fail  in  this  attempt.  It  would  be. 
uith  the  greatest  regret  that  I  should  find  myself  com- 


STATE  PAPERS.  415 

pelled  lo  announce  to  you  the  second  part  of  my  instruc- 
tions, importing  a  declaration,  in  case  of  refusal,  or  evad- 
ing it,  of  the  repeal  of  the  laws  dictated  by  the  attachment 
of  the  French  to  the  Americans,  and  by  a  desire  to  unite 
closer  the  ties  which  engage  them.  But  I  cannot  fear  an 
opposition  on  your  part,  considering  the  vast  field  I  am 
directed  to  offer  to  your  merchants,  considering  the  life 
which  such  a  compact  would  give  to  your  agriculture,  to 
your  fisheries,  to  the  improvement  of  your  breed  of  cattle, 
to  your  lumber  trade  ;  considering  the  inexhaustible  source 
of  riches  which  the  free  commerce  of  the  French  colonies 
offers  you,  and  especially  in  considering  that  France  ask* 
only  in  return  for  these  great  benefits  that  you  take  from 
her,  instead  of  going  to  seek  them  from  our  common  ene- 
my, the  clothes,  and  the  wine  necessary  for  your  consump- 
tion. Confident  in  this  hope,  happy  in  the  great  objects 
we  are  about  to  accomplish,  I  wait  your  pointing  out  a 
means  of  negotiating  which  shall  bring  us,  with  as  little 
delay  as  possible,  to  the  establishment  of  this  national 
compact,  which  may  be  soon  presented  for  the  ratification 
of  the  representatives  of  the  tvyo  people,  and  the  simpli- 
city of  which  shall  equal  the  grandeur  of  the  end  we  ought 
to  propose  by  it.     Acsept  of  my  respect, 

GENET, 

Decree  exempting  from  all  duties  sundry  articles  of  provi~ 
sion  in  the  colonies,  relative  to  the  United  States,"  pro- 
nounced in  the  session  of  the  2Gth  of  March,  1 793,  2c? 
year  of  the  French  Republick* 

The  National  Convention,  willing  to  obviate  the  dilfi- 
oulties  which  might  arise  relative  to  the  execution  of  its 
decree  of  the  19th  of  February  last,  concerning  the  United 
States  of  America ;  to  grant  new  favours  to  that  nation, 
its  ally,  and  to  treat  it  in  its  commercial  concerns  with  the 
French  colonies,  in  the  same  manner  as  the  vessels  of  the 
Republick,  decrees  as  follows  : 

Article  i.  From  the  day  of  the  publication  of  the  pre- 
sent decree  in  the  French  colonics  of  America,  the  vessels 
of  the  United  States  of  sixty  tons  burden  or  under,  laden 
only  with  Hour  aud  provisions,  as  also  with  the  articles  ol 
supplies  specified  in  the  2d  article  of  the  arret  of  the  30th 
<jf  August.  1784,  and  with  bacon,  buiter.  salt  salmon.  *nri 


41G  AMERICAN 

candles,  shall  be  admitted  into  the  harbours  of  the  said 
colonies  exempt  from  all  duties.  The  same  exemption 
shall  be  enjoyed  by  the  French  vessels  laden  with  the 
same  articles  coming  from  foreign  countries. 

Article  n.  The  captains  of  vessels  of  the  United  States, 
who,  having  imported  into  the  French  colonies  of  America 
the  objects  comprised  in  the  above  article,  shall  be  desi- 
rous to  make  their  returns  into  the  territories  of  the  said 
States,  may  load  in  the  said  colonies,  besides  sugar,  rum, 
taffia  and  merchandise  of  France,  a  quantity  of  coffee 
equivalent  to  the  fiftieth  part  of  the  burden  of  each  vessel, 
as  also  a  quantity  of  sugar  equivalent  to  the  tenth  part  of 
the  burden,  in  conforming  to  the  following  articles  : 

Article  in.  Every  captain  of  an  American  vessel  desir- 
ing to  make  a  return  into  the  United  States  in  coffee  and 
sugar  of  the  French  colonies,  must  prove  that  his  vessel  at 
her  arrival  had  at  least  two-thirds  of  her  lading  according 
to  the  1st  article.  To  this  effect  he  shall  be  bound  to  give 
into  the  customhouse  of  the  place  of  his  landing,  within 
24  hours  after  his  arrival,  a  certificate  from  the  agents  of 
the  navy,  ascertaining  the  guage  of  his  vessel  and  her 
effective  burden.  The  officers  of  the  said  customs  shall 
take  care  that  the  exportation  of  sugars  and  coffee  do  not 
exceed  the  proportions  fixed  by  the  2d  article  of  the  pre- 
sent decree. 

Article  iv.  The  captains  of  vessels  of  the  United  States 
of  America  shall  pay,  on  leaving  the  islands,  in  like  man- 
ner as  the  vessels  of  the  Rcpublick,  only  a  duty  of  five 
livres  for  a  hundred  weight  of  indigo ;  ten  livres  for  a  thou- 
sand weight  of  cotton  ;  five  livres  for  a  thousand  weight 
of  coffee;  five  livres  for  a  thousand  weight  of  lump-sugar; 
and  fifty  sous  for  a  thousand  weight  of  raw  sugar.  All 
other  merchandise  shall  be  free  of  all  duty  on  leaving  the 
said  colonies. 

Article  v.  The  sugars  and  coffee  that  shall  be  loaded 
shall  pay  into  the  customhouses,  which  are  or  shall  be 
established  in  the  colonies,  over  and  above  the  duties  fixed 
as  aforesaid,  those  imposed  by  the  law  of  the  19th  oP 
March,  1791,  on  the  sugars  and  coffee  imported  from 
the  said  colonies  into  France,  and  conformably  to  the 
same  law. 

Article  vi.  The  captains  of  vessels  of  the  United  States 
desiring  to  take  in  goods  in  the  said  colonies  for  the  ports 


STATE   PAPERS.  417 

..of  France,  shall  give  into  the  customhouse  of  the  place  of 
their  departure,  the  securities  required  from  the  owners 
of  French  vessels  by  the  2d  article  of  the  law  of  the  10th 
of  July,  1791,  to  ensure  the  landing  of  those  goods  in  the 
ports  of  the  Republick. 

Article  vn.  The  vessels  of  those  nations  with  which  the 
French  Republick  is  not  at  war  may  import  into  the 
French  colonies  of  America  all  the  articles  specified  by 
the  present  decree ;  they  may  also  bring  back  into  the 
ports  of  the  Republick  only,  all  the  commodities  of  the 
said  colonies  on  the  conditions  mentioned  in  the  said  de- 
cree, as  also  in  that  of  the  1 9th  of  February. 

Certified  to  be  true  and  conformable  to  the  decree  of 
the  National  Convention. 

GENET. 


Citizen  Genet,  Minister  Plenipotentiary  of  the  French  Re- 
publick, to  Mr.  Jefferson,  Secretary  of  State  of  the  Unit- 
ed States.  New  York,  Sept.  27,  1793,  2d  year  of  the 
French  Republick. 

Sir, — I  send  you  the  decree  passed  by  the  National 
Convention  on  the  9th  of  May,  of  the  present  year,  rela- 
tive to  the  conduct  which  ought  to  be  observed  by  the 
vessels  of  France  towards  the  vessels  of  neutral  powers. 
I  forward  to  you,  at  the  same  time,  that  of  the  23d  of  the 
same  month,  which  I  have  been  charged  to  communicate 
to  you,  and  which  contains  particular  regulations  in  favour 
of  American  vessels.  Every  friend  to  humanity  will  doubt- 
less, sir,  do  justice  to  the  dispositions  made  by  the  decree 
of  the  9th  of  May.  By  this  law,  the  severest  principles 
of  justice  towards  the  neutral  parties  is  reconcileable  with 
the  rigorous  measures  rendered  necessary  by  the  detes- 
table tyranny  exercised  over  neutral  nations  by  the  go- 
vernments which  have  forced  France  into  war.  In  the 
5th  article  the  National  Convention  solemnly  manifest  a 
view,  the  execution  of  which  has  been  long  sought  by 
reason  and  justice,  that  of  seeing  neutral  nations  enjoy 
every  advantage  which  their  neutrality  ought  to  assure 
them,  even  with  respect  to  enemy's  goods  on  board  their 
vessels.  The  mode  of  expressing  this  view,  and  the  en- 
gagements entered  into  by  the  Convention  to  withdraw 
those  rigorous  measures  directed  by  their  decree,  as  toon 
vor..    i.  r>T5 


418  AMERICAN 

as  the  powers  with  whom  they  are  at  war  shall  have  adopt- 
ed the  same  disposition,  are  well  calculated  to  procure 
the  gratitude  of  neutral  nations,  to  interest  them  more  and 
more  in  her  success,  and  to  reconcile  every  people  in  the 
universe  to  the  generous  principles  by  which  her  diploma- 
tic negotiations  are  directed. 

The  decree  of  the  23d  of  May  pronounces  in  favour  of 
the  Americans  an  exception  to  the  rigorous  measures 
which  France  has  been  compelled  to  adopt,  by  that'of  the 
9th  May,  against  the  vessels  of  neutral  nations.  The  con- 
siderations which  determined  this  decree  were,  on  the  one 
hand,  the  scrupulous  faith  with  which  France  is  disposed 
to  observe,  in  its  utmost  extent,  the  treaty  which  unites 
her  with  the  United  States,  and  on  the  other,  the  thorough 
confidence  she  has  that  the  Americans  will  not  abuse  this 
privilege  by  carrying  to  her  enemies  those  productions  by 
which  they  ought  to  assist  in  the  defence  of  a  cause  as 
much  their  own  as  hers.  She  hopes  she  shall  not  be  de- 
ceived in  an  attempt  which  in  this  instance  is  founded 
upon  the  principles  and  the  friendship  of  her  American 
brethren. 

I  have  been  informed  that  the  English  government  have 
declared  their  determination  to  carry  into  the  English 
ports  all  the  American  vessels  laden  with  provisions  for 
the  'ports  of  France.  The  French  Republick  expects, 
sir,  that  the  government  of  the  United  States,  as  well  from 
attachment  to  her  as  from  regard  to  its  own  commerce, 
and  from  the  dignity  it  owes  itself,  will  hasten  to  take  the 
most  energetick  measures  to  procure  a  recall  of  this  deci- 
sion, which  is  a  consequence  well  adapted  to  that  diplo- 
matic audacity  to  which  that  court  has  long  attempted  to 
subject  every  other  nation.  If  the  measures  which  you 
shall  take,  measures  which  are  in  the  spirit  of  our  treaty, 
if  not  in  its  letter,  are  insufficient  or  fruitless,  and  that 
your  neutrality,  as  it  has  hitherto  been,  can  only  be  ser- 
viceable to  the  enemies  of  France,  and  unfortunate  for 
herself,  you  will  doubtless  perceive  that  she  will  exercise 
a  very  natural  right  in  taking  measures  to  prevent  one 
consequence  so  injurious  to  her,  and  which  destroys  the 
effect  of  the  principles  upon  which  the  treaties  are  found- 
ed which  subsist  between  her  and  the  United  States.  In 
the  mean  time  I  am  authorized  to  announce  to  you,  that 
the  French  vessels,  which  at  this  moment  are  masters  of 


:-.n 


STATE  PAPERS.  419 

the  channel,  and  of  the  gulf  of  Gascony,  are  ordered  to 
protect  American  vessels  bound  to  France,  and  to  assure 
their  arrival  at  the  ports  to  which  they  are  destined,  so 
that  the  American  merchants,  notwithstanding  the  tyranny 
exercised  over  them  by  England,  may  direct,  with  secu- 
rity, their  speculations  for  our  ports,  and  give  proofs  of 
their  attachment  to  us  and  to  the  cause  of  liberty. 

Accept  my  respects,  GENET. 


Decree  directing  French  armed  vessels  to  carry  into  the 
ports  of  the  Republick  neutral  vessels  loaded  with  provi- 
sions and  bound  to  enemies^  ports,  pronounced  in  the  sit- 
ting of  the  dth  of  May,  1793,  2d  year  of  the  French 
Republick. 

Art.  i.  Ships  of  war  and  privateers  are  authorized  to 
seize  and  carry  into  the  ports  of  the  Republick,  merchant 
vessels  which  are  wholly  or  in  part  loaded  with  provi- 
sions, being  neutral  property,  bound  to  an  enemy's  port, 
or  having  on  board  merchandise  belonging  to  an  enemy. 

Art.  ii.  Merchandise  belonging  to  the  enemy  is  de- 
clared a  lawful  prize,  scizable  for  the  profit  of  the  captor. 
Provisions  being  neutral  property,  shall  be  paid  for  at  the 
price  they  would  have  sold  for  at  the  port  where  they 
were  bound. 

Art.  hi.  On  every  occasion  neutral  vessels  shall  be 
immediately  released  the  moment  the  provisions  found  on 
board  are  landed,  or  the  seizure  of  the  merchandise  shall 
be  effected.  The  freight  shall  be  settled  at  the  rate  paid 
by  the  charterers  ;  a  proper  compensation  shall  be  grant- 
ed for  the  detention  of  the  vessels  by  the  tribunals,  who 
are  ready  to  adjudge  the  prizes. 

Art.  iv.  These  tribunals  shall  cause  to  be  made  out 
within  three  days  after  the  judgment  has  been  given,  a 
copy  of  the  manifest  of  the  provisions  and  goods  found  on 
board,  to  the  minister  of  marine,  and  another  copy  to  the 
minister  for  foreign  affairs. 


420  AMERICA* 

Decree  of  the  2 3d  of  May,  which  declares  that  the  vessels  of 
the  United  States  are  not  comprised  in  the  regulations  of 
the  decree  of  the  dth  of  May. 

The  National  Convention,  after  having  heard  the  re- 
port of  its  committee  of  publick  safety,  desiring  to  pre- 
serve the  union  established  between  the  French  Rcpublick 
and  the  United  States  of  America,  decrees  that  the  vessels 
of  the  United  States  are  not  comprised  in  the  regulations 
of  the  9th  of  May,  conformably  to  the  16th  article  of  the 
treaty,  passed  the  16th  of  February,  1778. 

Certified  to  be  true,  and  conformable  to  the  decrees 
of  the  National  Convention. 

GENET. 


Citizen  Genet.  Minister  Plenipotentiary  of  the  French  Rc- 
publick, to  Mr.  Jefferson,  Secretary  of  State  of  the  United 
States.     New  York,  November  14,   1793. 

Sir, — Having  been  overwhelmed  with  business  at  the 
moment  ofmv  having  the  honour  to  transmit  vou  the  de- 
cree  of  the  National  Convention  of  the  26th  of  March  last, 
it  was  impossible  for  me  to  look  over  the  copy  I  sent,  or 
that  of  the  note  with  which  it  was  accompanied.  I  am 
obliged  by  your  sending  back  these  pieces  to  me.  I  have 
examined  and  corrected  the  errours  you  were  struck  with, 
and  I  hasten  to  return  it  to  you  under  the  present  cover.  I 
have  thought  proper  to  add  to  it  the  copy  of  a  letter  which 
I  have  just  written  to  the  consuls  of  the  Republick  to  ac- 
quaint them  with  the  new  regulations  of  the  National  Con- 
vention relative  to  the  commerce  with  the  United  States, 
and  of  the  obligations  they  impose  on  them.  This  decree, 
sir,  presents  to  the  Americans  inestimable  advantages. 
They  can  by  this  law  carry  to  our  colonies  cargoes,  the 
production  of  their  fisheries,  their  provisions,  of  their  agri- 
culture, purchase  colonial  commodities  with  the  sales  of 
their  cargoes,  and  complete  their  lading  with  freights 
which  are  at  this  time  offered  in  abundance  and  at  a  high 
rate  in  all  our  islands.  1  do  not  think  there  can  be  any 
speculations  more  lucrative  for  them. 

This  law  moreover  grants  you  an  advantage  which  the 
arret  of  1784  had  refused  you;  that  of  enabling  you  to  im* 


STATE   PAPERS*  421 

port  directly  into  the  United  States  a  quantity  of  sugar  and 
coffee  sufficient  for  your  own  consumption.  This  quan- 
tity has  been  estimated  by  the  commercial  committee  of 
the  National  Convention  at  a  fiftieth  of  the  tonnage  for 
the  coffee,  and  at  a  tenth  for  the  sugar.  All  these  advan- 
tages, which  there  appears  a  disposition  still  to  increase, 
if  we  obtain  from  the  United  States  a  just  reciprocity,  ap- 
pear to  me  highly  proper  to  call  for  all  the  attention  of  the 
federal  government  to  the  fate  of  our  colonies.  I  beg  you 
to  lay  before  the  President  of  the  United  States  as  soon  as 
possible  the  decree  and  the  enclosed  note,  and  to  obtain 
from  him  the  earliest  decision  either  as  to  the  guaranty  I 
have  claimed  the  fulfilment  of  for  our  colonies,  or,  upon  the 
mode  of  negotiation  of  the  new  treaty  I  was  charged  to 
propose  to  the  United  States,  and  which  would  make  of  the 
two  nations  but  one  family.     Accept  my  respect, 

GENET. 


Copy  of  a  Letter  from  the  Secretary  of  State  of  the  United 
States,  to  Citizen  Genet,  Minister  Plenipotentiary  of  the 
French  Republick  to  the  United  States.  Germantown, 
November  5,   1793. 

Sir, — I  shall  be  late  in  acknowledging  the  receipt  of 
your  several  letters  written  since  my  departure  from  Phi- 
ladelphia, not  having  received  any  of  them  till  the  24th 
ult.  and  most  of  them  only  the  last  night.  I  have  already 
laid  some  of  them  before  the  President,  and  shall  lay  the 
others  successively  before  him  at  as  early  moments  as  the 
pressure  of  business  will  admit. 

That  of  September  30th  with  the  decree  of  the  National 
Convention  of  March  26th,  1793,  on  the  subject  of  a  treaty 
of  commerce  was  laid  before  him  yesterday,  and  will  be 
considered  with  all  the  respect  and  interest  which  its  ob- 
ject necessarily  requires.  In  the  mean  time,  that  I  may 
he  enabled  to  present  him  a  faithful  translation  of  the  de- 
cree, I  take  the  liberty  of  returning  the  copy  to  you  with 
a  prayer  that  you  will  have  it  examined  by  your  original, 
and  see  whether  there  is  not  some  errour  in  the  latter 
pari  of  the  2d  article,  page  2,  where  the  description  of  the 
cargo  to  be  re-exported  from  the  Islands  is  so  unusual  as 
to  induce  me  to  suspect  an  errour  in  the  copyist.     Having 


422  AMERICAN 

to  return  the  decree  for  re-examination,  I  take  the  liberty 
of  doing  the  same  by  the  letter  covering  it,  as  in  the  first 
line  of  the  seventh  page  the  sense  appears  to  me  incom- 
plete, and  I  wish  to  be  able  to  give  it  with  correctness. 
I  have  the  honour  to  be,  &c. 

TH :  JEFFERSON. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 
TRANSACTIONS  WITH  SPAIN.   DEC.  16,    1793. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM   THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 
MOROCCO,  ALGIERS  AND  PRISONERS.      DEC.  16,  1793. 

[See  Vol.  Confidential  Documents.] 


REPORT 

OF  THE  SECRETARY  OF  STATE  ON  THE  PRIVILEGES  AND 
RESTRICTIONS  ON  THE  COMMERCE  OF  THE  UNITED  STATES 
IN  FOREIGN  COUNTRIES.       DEC.   16,   1793. 

Sir, — According  to  the  pleasure  of  the  House  of  Re- 
presentatives, expressed  in  their  resolution  of  February 
23,  1791,  I  now  lay  before  them  a  report  on  the  privi- 
leges and  restrictions  on  the  commerce  of  the  United 
States  in  foreign  countries.  In  order  to  keep  the  subject 
within  those  bounds  which  I  supposed  to  be  under  the 
contemplation  of  the  House,  I  have  restrained  my  state- 
ments to  those  countries  only  with  which  we  carry  on  a 
commerce  of  some  importance,  and  to  those  articles  also 
of  our  produce  which  are  of  sensible  weight  in  (he  scale 
of  our  exports ;  and  even  these  articles  are  sometimes 
grouped  together,  according  to  the  degree  of  favour  or 
restriction  with  which  thev  are  received  in  each  country. 


STATE  PAPERS.  423 

and  that  degree  expressed  in  general  terms  without  de- 
tailing the  exact  duty  levied  on  each  article.  To  have 
gone  fully  into  these  minutias,  would  have  been  to  copy  the 
tariffs  and  books  of  rates  of  the  different  countries,  and  to 
have  hidden,  under  a  mass  of  detail,  those  general  and  im- 
portant truths,  the  extraction  of  which,  in  a  simple  form, 
I  conceived  would  best  answer  the  inquiries  of  the  House, 
by  condensing  material  information  within  those  limits  of 
time  and  attention,  which  this  portion  of  their  duties  may 
justly  claim.  The  plan,  indeed,  of  minute  details  which 
have  been  impracticable  with  some  countries,  for  want  of 
information. 

Since  preparing  this  report,  which  was  put  into  its  pre- 
sent form  in  time  to  have  been  given  in  to  the  last  session 
of  Congress,  alterations  of  the  conditions  of  our  commerce 
with  some  foreign  nations  have  taken  place — some  of 
them  independent  of  the  war ;  some  arising  out  of  it. 

France  has  proposed  to  enter  into  a  new  treaty  of  com- 
merce with  us,  on  liberal  principles  ;  and  has,  in  the  mean 
time,  relaxed  some  of  the  restraints  mentioned  in  the 
report.  Spain  has,  by  an  ordinance  of  June  last,  estab- 
lished New  Orleans,  Pensacola  and  St.  Augustine  into 
free  ports,  for  the  vessels  of  friendly  nations  having  treaties 
of  commerce  with  her,  provided  they  touch  for  a  permit  at 
Corcubion  in  Gallicia,  or  at  Alicant ;  and  our  rice  is,  by 
the  same  ordinance,  excluded  from  that  country.  The 
circumstances  of  the  war,  have  necessarily  given  us  freer 
access  to  the  West  Indian  islands,  whilst  they  have  also 
drawn  on  our  navigation,  vexations  and  depredations  of 
the  most  serious  nature. 

To  have  endeavoured  to  describe  all  these,  would  have 
been  as  impracticable  as  useless,  since  the  scenes  would 
have  been  shifting  while  under  description.  I  therefore 
think  it  best  to  leave  the  report  as  it  was  formed,  being 
adapted  to  a  particular  point  of  time,  when  things  were  in 
their  settled  order,  that  is  to  say,  to  the  summer  of  1792. 
I  have  the  honour  to  be,  &c. 

Til :  JEFFERSON. 
To  the  Speaker  of  the  House  of  Representative;: 
of  the  United  States  of  America. 


424  AMERICAN 

REPORT,  &c. 

The  Secretary  of  State,  to  whom  was  referred,  by  the 
House  of  Representatives,  the  report  of  a  committee  on 
the  written  message  of  the  President  of  the  United 
States,  of  the  14th  of  February,  1791,  with  instruction 
to  report  to  Congress  the  nature  and  extent  of  the  pri- 
vileges and  restrictions  of  the  commercial  intercourse  of 
the  United  States  with  foreign  nations,  and  the  measures 
which  he  should  think  proper  to  be  adopted  for  the  im- 

Erovement  of  the  commerce  and  navigation  of  the  same, 
as  had   the  same  under  consideration,  and  thereupon 
makes  the  following  Report : 

The  countries  with  which  the  United  States  have  their 
chief  commercial  intercourse  are  Spain,  Portugal,  France. 
Great  Britain,  the  United  Netherlands,  Denmark,  and 
Sweden,  and  their  American  possessions  :  and  the  article? 
of  export,  which  constitute  the  basis  of  that  commerce, 
with  their  respective  amounts,  are, 

Bread   stuff,   that  is  to  say ;  bread  grains, 

meals,  and  bread,  to  the  annual  amount     Dolls. 

of 7.649.88? 

Tobacco, 4.349.567 

Rice, 1.753.796 

Wood,           -----  1.263.534 

Salted  fish, 941.696 

Pot  and  pearl  ash,          -         -         -  839.093 

Salted  meats,             -  599.130 

Indigo,               -              ...  537.379 

Horses  and  mules,              -         -         -  339.753 

Whale  oil.              ..-.-•-  252.591 

Flaxseed,         -         -                   -         -  236.072 

Tar,  pitch  and  turpentine,      -         -  217.177 

Live  provisions,        -  137.743 
Ships,            - 

Foreign  goods,          ....  620.274 

To  descend  to  articles  of  smaller  value  than  these, 
would  lead  into  a  minuteness  of  detail  neither  necessary 
nor  useful  to  the  present  object. 


STATE    PAPERS.  425 

The  proportions  of  our  exports,  which  go  to  the  nations 

before  mentioned,  and  to  their  dominions,  respectively,  are 

as  follows  :  Dolls. 

To  Spain  and  its  dominions,  2.005.907 

Portugal  and  its  dominions,  1.283.462 

France  and  its  dominions,  4.698.735 

Great  Britain  and  its  dominions,  9.363.416 

The  United  Netherlands  and  their  dominions,  1.963.880 

Denmark  and  its  dominions,  224.415 

Sweden  and  its  dominions,  47.240 

Our  imports  from  the  same  countries,  are, 

Spain  and  its  dominions,  335.110 

Portugal  and  its  dominions,  595.763 

France  and  its  dominions,  2.068.348 

Great  Britain  and  its  dominions,  15.285.428 

United  Netherlands  and  their  dominions,  1.172.692 

Denmark  and  its  dominions,  351.364 

Sweden  and  its  dominions,  14.325 

These  imports  consist  mostly  of  articles  on  which  in- 
dustry has  heen  exhausted. 

Our  navigation,  depending  on  the  same  commerce,  will 
appear  by  the  following  statement  of  the  tonnage  of  our 
own  vessels,  entering  in  our  ports,  from  those  several  na- 
tions and  their  possessions,  in  one  year ;  that  is  to  say  ; 
from  October.  1789,  to  September,  1790,  inclusive,  as 
follows  : 

Tons. 
Spain  -  -  19.695 

Portugal  -  -      23,576 

Franco.  -  -  -  116.410 

Great  Britain      -  -      43^580 

United  Netherlands  -  58,858 

Denmark  -  -  -       14,655 

Sweden  -  c  750 

Of  our  commercial  objects.  Spain  receives  favourably. 
our  bread-stuff,  salted  lish,  wood,  ships,  tar,  pitch  and  tur- 
pentine. On  our  meals,  however,  as  well  as  on  those  of 
other  foreign  countries,  when  re-exported  to  their  colo- 
nies, they  Have  lately  imposed  duties  of  from  half  a  dollar 
to  two  dollars  the  barrel,  the  duties  being  so  proportioned 

VOL.  I.  .5i 


42(j  AMERICA* 

to  the  current  price  of  their  own  flour,  as  that  both  together 
are  to  make  the  constant  sum  of  nine  dollars  per  barrel. 

They  do  not  discourage  our  rice,  pot  and  pearl  ash, 
salted  provisions,  or  whale  oil :  but  these  articles,  being  in 
small  demand  at  their  markets,  are  carried  thither  but  in 
a  small  degree.  Their  demand  for  rice,  however,  is  in- 
creasing. Neither  tobacco  nor  indigo  are  received  there. 
Our  commerce  is  permitted  with  their  Canary  islands  un- 
der the  same  conditions. 

Themselves,  and  their  colonies,  are  the  actual  con- 
sumers of  what  they  receive  from  us. 

Our  navigation  is.  free  with  the  kingdom  of  Spain  ; 
foreign  goods  being  received  there  in  our  ships  on  the 
same  conditions  as  if  carried  in  their  own,  or  in  the  ves- 
sels of  the  country  of  which  such  goods  are  the  manufac- 
ture or  produce. 

Portugal  receives  favourably  our  grain  and  bread,  salt- 
ed fish,  and  other  salted  provisions,  wood,  tar,  pitch,  and 
turpentine. 

For  flax  seed,  pot  and  pearl  ash,  though  not  discouraged, 
there  is  little  demand. 

Our  ships  pay  20  per  cent,  on  being  sold  to  their  sub- 
jects, and  arc  then  free  bottoms. 

Foreign  goods  (except  those  of  the  East  Indies)  are  re- 
ceived on  the  same  footing  in  our  vessels  as  in  their  own, 
or  any  others  ;  that  is  to  say,  on  general  duties  of  from  20 
to  28  per  cent,  and,  consequently,  our  navigation  is  un- 
obstructed by  them.  Tobacco,  rice  and  meals  are  pro- 
hibited. 

Themselves  and  their  colonies  consume  what  they  re- 
ceive from  us. 

These  regulations  extend  to  the  Azores,  Madeira,  and 
the  Cape  de  Verd  islands,  except  that  in  these  meals  and 
rice  are  received  freely. 

France  receives  favourably  our  bread-stuff,  rice,  wood, 
pot  and  pearl  ashes. 

A  duty  of  5  sous  the  quintal,  or  nearly  A\  cents,  is  paid 
on  our  tar,  pitch,  and  turpentine.  Our  whale  oils  pay  6 
livres  the  quintal,  and  are  the  only  foreign  whale  oils  ad- 
mitted. Our  indigo  pays  5  livres  the  quintal,  their  own  2*-  : 
but  a  difference  of  quality,  still  more  than  a  difference  of 
duty,  prevents  its  seeking  that  market. 


STATE  PAPERS.  427 

Salted  beef  is  received  freely  for  re-exportation  ;  but  if 
tor  home  consumption,  it  pays  5  livres  the  quintal.  Other 
salted  provisions  pay  that  duty  in  all  cases,  and  salted  fish 
is  made  lately  to  pay  the  prohibitory  one  of  20  livres  the 
quintal. 

Our  ships  are  free  to  carry  thither  all  foreign  goods 
which  may  be  carried  in  their  own  or  any  other  vessels. 
except  tobaccoes  not  of  our  own  growth  ;  and  they  parti- 
cipate with  theirs,  the  exclusive  carriage  of  our  whale  oils 
and  tobaccoes. 

During  their  former  government,  our  tobacco  was  under 
a  monopoly,  but  paid  no  duties  ;  and  our  ships  were  freely 
sold  in  their  ports,  and  converted  into  national  bottoms. 
The  first  national  assembly  took  from  our  ships  this  privi- 
lege. They  emancipated  tobacco  from  its  monopoly,  but 
subjected  it  to  duties  of  18  livres,  15  sous  the  quintal,  car- 
ried in  their  own  vessels,  and  5  livres  carried  in  ours — a 
difference  more  than  equal  to  the  freight  ot  the  article. 

They  and  their  colonies  consume  what  they  receive 
from  us. 

Great  Britain  receives  our  pot  and  pearl  ashes  free, 
whilst  those  of  other  nations  pay  a  duty  of  two  shillings 
and  three  pence  the  quintal.  There  is  an  equal  distinc- 
i  ion  in  favour  of  our  bar  iron  ;  of  which  article,  however, 
we  do  not  produce  enough  for  our  own  use.  Woods  are 
free,  from  us,  whilst  they  pay  some  small  duty  from  other 
countries.  Indigo  and  flax  seed  are  free  from  all  countries. 
Our  tar  and  pitch  pay  eleven  pence,  sterling,  the  barrel. 
From  other  alien  countries  they  pay  about  a  penny  and  a 
third  more. 

Our  tobacco,  for  their  own  consumption,  pays  one  shil- 
ling and  three  pence,  sterling,  the  pound,  custom  and  ex- 
cise, besides  heavy  expenses  of  collection  ;  and  rice,  in 
the  same  case,  pays  seven  shillings  and  four  jjrencc,  sterl- 
ing, the  hundred  weight ;  which,  rendering  it  too  dear,  as 
an  article  of  common  food,  it  is  consequently  used  in  very 
small  quantity. 

Our  salted  fish  and  other  salted  provisions,  except 
bacon,  are  prohibited.  Bacon  and  whale  oils  are  under 
prohibitory  duties  ;  so  are  our  grains,  meals  and  bread,  as 
to  internal  consumption,  unless  in  times  of  such  search) 
as  may  raise  the  price  of  wheat  to  fifty  shillings,  sterling, 
the  quarter,  and  other  grains  and  meals  in  proportion. 


428  AMERICAN 

Our  ships,  though  purchased  and  navigated  by  their  own 
subjects,  are  not  permitted  to  be  used,  even  in  their  trade 
with  us. 

While  the  vessels  of  other  nations  are  secured  by  stand- 
ing laws,  which  cannot  be  altered  but  by  the  concurrent  will 
of  the  three  branches  of  the  British  legislature,  in  carrying 
thither  any  produce  or  manufacture  of  the  country  to  which 
they  belong,  which  may  be  lawfully  carried  in  any  vessels, 
ours,  with  the  same  prohibition  of  what  is  foreign,  are 
further  prohibited  by  a  standing  law,  (12  Car.  2,  18.  sect. 
3.)  from  carrying  thither  all  and  any  of  our  own  domestick 
productions  and  manufactures.  A  subsequent  act  indeed 
has  authorized  their  executive  to  permit  the  carriage  of 
our  own  productions  in  our  own  bottoms,  at  its  sole  discre- 
tion ;  and  the  permission  has  been  given  from  year  to  year 
by  proclamation,  but  subject  every  moment  to  be  with- 
drawn on  that  single  will,  in  which  event,  our  vessels  hav- 
ing any  thing  on  board,  stand  interdicted  from  the  entry 
of  all  British  ports.  The  disadvantage  of  a  tenure  which 
may  be  so  suddenly  discontinued,  was-  experienced  by  our 
merchants  on  a  late  occasion,*  when  an  official  notifica- 
tion that  this  law  would  be  strictly  enforced,  gave  them 
just  apprehensions  for  the  fate  of  their  vessels  and  cargoes 
despatched  or  destined  to  the  ports  of  Great  Britain.  The 
minister  of  that  court,  indeed,  frankly  expressed  his  per- 
sonal conviction,  that  the  words  of  the  order  went  farther 
than  was  intended,  and  so  he  afterwards  officially  informed 
us  ;  but  the  embarrassments  of  the  moment  were  real  and 
great,  and  the  possibility  of  their  renewal  lays  our  com- 
merce to  that  country  under  the  same  species  of  discour- 
agement as  to  other  countriesj  where  it  is  regulated  by  a 
single  legislator  ;  and  the  distinction  is  too  remarkable  not 
to  be  noticed,  that  our  navigation  is  excluded  from  the 
security  of  fixed  laws,  while  that  security  is  given  to  the 
navigation  of  others. 

Our  vessels  pay  in  their  ports  one  shilling  and  nine 
pence,  sterling,  per  ton,  light  and  trinity  dues,  more  than 
is  paid  by  British  ships,  except  in  the  port,  of  London, 
where  they  pay  the  same  as  British. 

The  greater  part  of  what  they  receive  from  us,  is  re- 
exported to  other  countries,  under  the  useless  charges  of 

*  April  12,  17£2; 


STATE  PAPERS.  429 

an  intermediate  deposit,  and  double  voyage.  From  tables 
published  in  England,  and  composed,  as  is  said,  from  the 
books  of  their  customhouses,  it  appears,  that  of  the  indigo 
imported  there  in  the  years  1773,  '4,  '5,  one  third  was  re- 
exported ;  and  from  a  document  of  authority,  we  learn, 
that  of  the  rice  and  tobacco  imported  there  before  the  war, 
four-fifths  were  re-exported.  We  are  assured  indeed  that 
the  quantities  sent  thither  for  re-exportation  since  the  war, 
ire  considerably  diminished,  yet  less  so  than  reason  and 
national  interest  would  dictate.  The  whole  of  our  grain 
is  re-exported  when  wheat  is  below  fifty  shillings  the 
quarter,  and  other  grains  in  proportion. 

The  United  Netherlands  prohibit  our  pickled  beef  and 
pork,  meals  and  bread  of  all  sorts,  and  lay  a  "prohibitory 
duty  on  spirits  distilled  from  grain. 

All  other  of  our  productions  are  received  on  varied 
duties,  which  may  be  reckoned,  on  a  medium,  at  about 
three  per  cent. 

They  consume  but  a  small  proportion  of  what  they  re- 
ceive. The  residue  is  partly  forwarded  for  consumption 
in  the  inland  parts  of  Europe,  and  partly  re-shipped  to 
other  maritime  countries.  On  the  latter  portion  they  in- 
tercept between  us  and  the  consumer,  so  much  of  the  value 
as  is  absorbed  by  the  charges  attending  an  intermediate 
deposit. 

Foreign  goods,  except  some  East  India  articles,  are 
received  in  vessels  of  any  nation. 

Our  ships  may  be  sold  and  naturalized  there,  with  ex-' 
ceptions  of  one  or  two  privileges,  which  somewhat  lessen 
their  value. 

Denmark  lays  considerable  duties  on  our  tobacco  and 
lice,  carried  in  their  own  vessels,  and  half  as  much  more,  if 
carried  in  ours  ;  but  the  exact  amount  of  these  duties  is 
not  perfectly  known  here.  They  lay  such  as  amount  to 
prohibitions  on  our  indigo  and  corn. 

Sweden  receives  favourably  our  grains  and  meals,  salted 
provisions,  indigo  and  whale  oil. 

They  subject  our  rice  to  duties  of  sixteen  mills  the 
pound  weight,  carried  in  their  own  vessels,  and  of  forty 
per  rent,  additional  on  that,  or  twenty-two  and  four-tenths 


430         •»  AMERICAN 

mills,  carried  in  ours  or  any  others.  Being  thus  rendered 
too  dear  as  an  article  of  common  food,  little  of  it  is  con- 
sumed with  them.  They  consume  some  of  our  tobaccoes. 
which  they  take  circuitously  through  Great  Britain,  levy- 
ing heavy  duties  on  them  also ;  their  duties  of  entry,  town 
duties  and  excise  being  4.  34  dollars  the  hundred  weight, 
if  carried  in  their  own  vessels,  and  of  40  per  cent,  on  that 
additional,  if  carried  in  our  own  or  any  other  vessels. 

They  prohibit  altogether  our  bread,  fish,  pot  and  pearl 
ashes,  flax  seed,  tar,  pitch  and  turpentine,  wood,  (except 
oak  timber  and  masts)  and  all  foreign  manufactures. 

Under  so  many  restrictions  and  prohibitions,  our  navi- 
gation with  them  is  reduced  to  almost  nothing. 

With  our  neighbours  an  order  of  things  much  harder 
presents  itself. 

Spain  and  Portugal  refuse  to  those  parts  of  America 
which  they  govern,  all  direct  intercourse  with  any  people 
but  themselves.  The  commodities  in  mutual  demand,  be- 
tween them  and  their  neighbours,  must  be  carried  to  be 
exchanged  in  some  port  of  the  dominant  country,  and  the 
transportation  between  that  and  the  subject  state,  must  be 
in  a  domestick  bottom. 

France,  by  a  standing  law.  permits  her  West  India  pos- 
sessions to  receive  directly  our  vegetables,  live  provisions. 
horses,  wood,  tar,  pitch  and  turpentine,  rice  and  maize, 
and  prohibits  our  other  bread  stuff:  but  a  suspension  of 
this  prohibition  having  been  left  to  the  colonial  legisla- 
tures, in  times  of  scarcity,  it  was  formerly  suspended  occa- 
sionally, but  latterly  without  interruption. 

Our  fish  and  salted  provisions  (except  pork)  are  receiv- 
ed in  their  islands  under  a  duty  of  three  colonial  livrcs  the 
quintal,  and  our  vessels  are  as  free  as  their  own  to  carry 
our  commodities  thither,  and  to  bring  away  rum  and  mo- 
lasses. 

Great  Britain  admits  in  her  islands  our  vegetables,  live 
provisions,  horses,  wood,  tar,  pitch  and  turpentine,  rice 
and  bread  stuff,  by  a  proclamation  of  her  executive,  limited 
always  to  the  term  of  a  year,  but  hitherto  renewed  from 
year  to  year.  She  prohibits  our  salted  fish  and  other  salt- 
ed provisions.     She  does  not  permit  our  vessels  to  carry 


STATE   PAPERS.  431 

thither  our  own  produce.  Her  vessels  alone,  may  take 
it  from  us,  and  bring  in  exchange  rum,  molasses,  sugar, 
coffee,  cocoa  nuts,  ginger  and  pimento.  There  are,  in- 
deed, some  freedoms  in  the  island  of  Dominica,  but,  under 
such  circumstances,  as  to  be  little  used  by  us.  In  the 
British  continental  colonies,  and  in  Newfoundland,  all  our 
productions  are  prohibited,  and  our  vessels  forbidden  to 
enter  their  ports.  Their  governours,  however,  in  times 
of  distress  have  power  to  permit  a  temporary  importation 
of  certain  articles,  in  their  own  bottoms,  but  not  in  ours. 
Our  citizens  cannot  reside  as  merchants  or  factors  within 
any  of  the  British  plantations,  this  being  expressly  pro- 
hibited by  the  same  statute  of  12  Car.  2  c.  18,  commonly 
called  the  navigation  act. 

In  the  Danish  American  possessions  a  duty  of  5  per  cent. 
is  levied  on  our  corn,  corn  meal,  rice,  tobacco,  wood, 
salted  fish,  indigo,  horses,  mules  and  live  stock,  and  of  10 
per  cent,  on  our  flour,  salted  pork  and  beef,  tar,  pitch 
and  turpentine. 

In  the  American  islands  of  the  United  Netherlands  and 
Sweden,  our  vessels  and  produce  are  received,  subject  to 
duties,  not  so  heavy  as  to  have  been  complained  of;  but 
they  arc  heavier  in  the  Dutch  possessions  on  the  conti- 
nent. 

To  sum  up  these  restrictions,  so  far  as  they  are  un- 
important : 

First.     In  Europe — 

Our  bread  stuff  is  at  most  times  under  prohibitory  du- 
ties in  England,  and  considerably  dutied  on  re-exportation 
from  Spain  to  her  colonics. 

Our  tobaccoes  are  heavily  dutied  in  England,  Sweden 
and  France,  and  prohibited  in  Spain  and  Portugal. 

Our  rice  is  heavily  dutied  in  England  and  Sweden,  and 
prohibited  in  Portugal. 

Our  fish  and  salted  provisions  are  prohibited  in  England, 
and  under  prohibitory  duties  in  France. 

Our  whale  oils  arc  prohibited  in  England  and  Portugal. 

And  our  vessels  are  denied  naturalization  in  England, 
and  of  late  in  France. 


432  AMERICAN 

Second.     In  the  West  Indies — ■ 

All  intercourse  is  prohibited  with  the  possessions  of 
Spain  and  Portugal. 

Our  salted  provisions  and  fish  are  prohibited  by  Eng- 
land. 

Our  salted  pork  and  bread  stuff  (except  maize)  are 
received  under  temporary  laws  only,  in  the  dominions  of 
France,  and  our  salted  fish  pays  there  a  weighty  duty. 

Third.     In  the  article  of  navigation — 
Our  own  carriage  of  our  own  tobacco  is  heavily  dutied 

in  Sweden,  and  lately  in  France. 

We  can  carry  no  article,  not  of  our  own  production,  to 

the  British  ports  in  Europe.     Nor  even  our  own  produce 

to  her  American  possessions. 

Such  being  the  restrictions  on  the  commerce  and  navi- 
gation of  the  United  States ;  the  question  is,  in  what  way 
they  may  best  be  removed,  modified  or  counteracted  ? 

As  to  commerce,  two  methods  occur.  1.  By  friendly 
arrangements  with  the  several  nations  with  whom  these 
restrictions  exist :  Or,  2.  By  the  separate  act  of  our  own 
legislatures  for  countervailing  their  effects. 

There  can  be  no  doubt  but  that  of  these  two,  friendly 
arrangement  is  the  most  eligible.  Instead  of  embarrass- 
ing commerce  under  piles  of  regulating  laws,  duties  and 
prohibitions,  could  it  be  relieved  from  all  its  shackles  in 
all  parts  of  the  world,  could  every  country  be  employed  in 
producing  that  which  nature  has  best  fitted  it  to  produce, 
and  each  be  free  to  exchange  with  others  mutual  surplusses 
for  mutual  wants,  the  greatest  mass  possible  would  then 
be  produced  of  those  things  which  contribute  to  human  life 
and  human  happiness  ;  the  numbers  of  mankind  would  be 
increased,  and  their  condition  bettered. 

Would  even  a  single  nation  begin  with  the  United  States 
this  system  of  free  commerce,  it  would  be  advisable  to 
begin  it  with  that  nation ;  since  it  is  one  by  one  only,  that 
it  can  be  extended  to  all.  Where  the  circumstances  of 
either  party  render  it  expedient  to  levy  a  revenue,  by  way 
of  impost,  on  commerce,  its  freedom  might  be  modified,  in 
that  particular,  by  mutual  and  equivalent  measures,  pre- 
serving it  entire  in  all  others. 

Some  nations,  not  yet  ripe  for  free  commerce  in  all  its 
extent,  might  still  be  willing  to  mollify  its  restrictions  and 


STATE  PAPERS.  433 

regulations  for  us,  in  proportion  to  the  advantages  which 
an  intercourse  with  us  might  offer.  Particularly  they  may 
concur  with  us  in  reciprocating  the  duties  to  be  levied  on 
each  side,  or  in  compensating  any  excess  of  duty  by  equi- 
valent  advantages  of  another  nature.  Our  commerce  is 
certainly  of  a  character  to  entitle  it  to  favour  in  most 
countries.  The  commodities  we  offer  are  either  necessa- 
ries of  life,  or  materials  for  manufacture,  or  convenient 
subjects  of  revenue ;  and  we  take  in  exchange,  either 
manufactures,  when  they  have  received  the  last  finish  of 
art  and  industry,  or  mere  luxuries.  Such  customers  may 
reasonably  expect  welcome  and  friendly  treatment  at 
every  market.  Customers,  too,  whose  demands,  increas- 
ing with  their  wealth  and  population,  must  very  shortly 
give  full  employment  to  the  whole  industry  of  any  nation 
whatever,  in  any  line  of  supply  they  may  get  into  the 
habit  of  calling  for  from  it. 

But  should  any  nation,  contrary  to  our  wishes,  suppose 
it  may  better  find  its  advantage  by  continuing  its  system 
of  prohibitions,  duties  and  regulations,  it  behooves  us  to 
protect  our  citizens,  their  commerce  and  navigation,  by 
counter  prohibitions,  duties  and  regulations,  also.  Free 
commerce  and  navigation  arc  not  to  be  given  in  exchange 
for  restrictions  and  vexations :  nor  arc  they  likely  to  pro- 
duce a  relaxation  of  them. 

Our  navigation  involves  still  higher  considerations.  As 
a  branch  of  industry,  it  is  valuable,  but  as  a  resource  of 
defence,  essential. 

its  value,  as  a  branch  of  industry,  is  enhanced  by  the 
dependence  of  so  many  other  branches  on  it.  In  times 
of  general  peace  it  multiplies  competitors  for  employment 
in  transportation,  and  so  keeps  that  at  its  proper  level: 
and  in  times  of  war,  that  is  to  say,  when  those  nations 
who  may  be  our  principal  carriers,  shall  be  at  war  with 
each  other,  if  we  have  not  within  ourselves  the  means  of 
transportation,  our  produce  must  be  exported  in  bellige- 
rent vessels,  at  the  increased  expense  of  war-freight  and 
insurance,  and  the  articles  which  will  not  bear  that,  must 
perish  on  our  hands. 

But  it  is  as  a  resource  of  defence  that  our  navigation 

will  admit  neither  neglect  nor  forbearance.    The  position 

and  circumstances  of  the  United  States  leave  them  nothing 

to  fear  on  their  land-board,  and  nothing  to  desire  beyond 

vol.  i.  5  A 


434  AMERICAN 

their  present  rights.  But  on  their  seaboard,  they  are 
open  to  injury,  and  they  have  there,  too,  a  commerce 
which  must  be  protected.  This  can  only  be  done  by  pos- 
sessing a  respectable  body  of  citizen-seamen,  and  of  artists 
and  establishments  in  readiness  for  ship-building. 

Were  the  ocean,  which  is  the  common  property  of  all, 
open  to  the  industry  of  all,  so  that  every  person  and  ves- 
sel should  be  free  to  take  employment  wherever  it  could 
be  found,  the  United  States  would  certainly  not  set  the 
example  of  appropriating  to  themselves,  exclusively,  any 
portion  of  the  common  stock  of  occupation.  They  would 
rely  on  the  enterprise  and  activity  of  their  citizens  for  a 
due  participation  of  the  benefits  of  the  seafaring  business, 
and  for  keeping  the  marine  class  of  citizens  equal  to  their 
object.  But  if  particular  nations  grasp  at  undue  shares, 
and,  more  especially,  if  they  seize  on  the  means  of  the 
United  States,  to  convert  them  into  aliment  for  their  own 
strength,  and  withdraw  them  entirely  from  the  support  of 
those  to  whom  they  belong,  defensive  and  protecting 
measures  become  necessary  on  the  part  of  the  nation 
whose  marine  resources  are  thus  invaded ;  or  it  will  be 
disarmed  of  its  defence  ;  its  productions  will  lie  at  the 
mercy  of  the  nation  which  has  possessed  itself  exclusively 
of  the  means  of  carrying  them,  and  its  politicks  may  be 
influenced  by  those  who  command  its  commerce.  The 
carriage  of  our  own  commodities,  if  once  established  in 
another  channel,  cannot  be  resumed  in  the  moment  we 
may  desire.  If  we  lose  the  seamen  and  artists  whom  it 
now  occupies,  we  lose  the  present  means  of  marine  de- 
fence, and  time  will  be  requisite  to  raise  up  others,  when 
disgrace  or  losses  shall  brins;  home  to  our  feelings  the 
errour  of  having  abandoned  them.  The  materials  lor 
maintaining  our  due  share  of  navigation,  are  ours  in  abun- 
dance. And,  as  to  the  mode  of  using  them,  we  have  only 
to  adopt  the  principles  of  those  who  thus  put  us  on  the 
defensive,  or  others  equivalent  and  better  fitted  to  our 
circumstances. 

The  following  principles,  being  founded  in  reciprocity, 
appear  perfectly  just,  and  to  offer  no  cause  of  complaint 
to  any  nation. 

1.  Where  a  nation  imposes  high  duties  on  our  produc- 
tions, or  prohibits  them  altogether,  it  may  be  proper  for 
us  to  do  the  same  by  theirs  ;  first  burdening  or  excluding- 


STATE     PAPERS.  435 

those  productions  which  they  bi\ing  here,  in  competition 
with  our  own  of  the  same  kind  ;  selecting  next,  such  manu- 
factures as  we  take  from  them  in  greatest  quantity,  and 
which  at  the  same  time  we  could  the  soonest  furnish  to  our- 
selves, or  obtain  from  other  countries ;  imposing  on  them 
duties,  lighter  at  first,  but  heavier  and  heavier  afterwards, 
as  other  channels  of  supply  open.  Such  duties  having  the 
effect  of  indirect  encouragement  to  domestick  manufac- 
tures of  the  same  kind,  may  induce  the  manufacturer  to 
come  Himself  into  these  states,  where  cheaper  subsistence, 
equal  laws,  and  a  vent  of  his  wares,  free  of  duty,  may 
ensure  him  the  highest  profits  from  his  skill  and  industry. 
And  here,  it  would  be  in  the  power  of  the  state  govern- 
ments to  co-operate  essentially,  by  opening  the  resources 
of  encouragement  which  are  under  their  control,  extend- 
ing them  liberally  to  artists  in  those  particular  branches 
of  manufacture  for  which  their  soil,  climate,  population 
and  other  circumstances  have  matured  them,  and  fostering 
the  precious  efforts  and  progress  of  household  manufacture, 
by  some  patronage  suited  to  the  nature  of  its  objects, 
guided  by  the  local  informations  they  possess,  and  guarded 
against  abuse  by  their  presence  and  attentions.  The  op- 
pressions on  our  agriculture,  in  foreign  ports,  would  thus 
be  made  the  occasion  of  relieving  it  from  a  dependence  on 
the  councils  and  conduct  of  others,  and  of  promoting  arts, 
manufactures  and  population  at  home. 

2«  Where  a  nation  refuses  permission  to  our  merchants 
and  factors  to  reside  within  certain  parts  of  their  domi- 
nions, we  may,  if  it  should  be  thought  expedient,  refuse 
residence  to  theirs  in  any  and  every  part  of  ours,  or  modi- 
fy their  transactions. 

3.  Where  a  nation  refuses  to  receive  in  our  vessels  any 
productions  but  our  own,  we  may  refuse  to  receive,  in 
theirs,  any  but  their  own  productions.  The  first  and 
second  clauses  of  the  bill  reported  by  the  committee,  are 
well  formed  to  effect  this  object. 

4.  Where  a  nation  refuses  to  consider  any  vessel  as  ours 
which  has  not  been  built  within  our  territories,  we  should 
refuse  to  consider  as  theirs,  any  vessel  not  built  within 
their  territories. 

5.  Where  a  nation  refuses  to  our  vessels  the  carriage 
even  of  our  own  productions,  to  certain  countries  under 
their  domination,  we  might   refuse  lo  theirs  of  every  de: 


436  ,  AMERICAN 

scription,  the  carriage  of  the  same  productions  to  the  same 
countries.  But  as  justice  and  good  neighbourhood  would 
dictate  that  those  who  have  no  part  in  imposing  the  restric- 
tion on  us,  should  not  be  the  victims  of  measures  adopted 
to  defeat  its  effect,  it  may  be  proper  to  confine  the  restric- 
tion to  vessels  owned  or  navigated  by  any  subjects  of  the 
same  dominant  power,  other  than  the  inhabitants  of  the 
country  to  which  the  said  productions  are  to  be  carried. 
And  to  prevent  all  inconvenience  to  the  said  inhabitants, 
and  to  our  own,  by  too  sudden  a  check  on  the  means  of 
transportation,  we  may  continue  to  admit  the  vessels 
marked  for  future  exclusion,  on  an  advanced  tonnage,  and 
for  such  length  of  time  only,  as  may  be  supposed  neces- 
sary to  provide  against  that  inconvenience. 

The  establishment  of  some  of  these  principles  by  Great 
Britain,  alone,  has  already  lost  us  in  our  commerce  with 
that  country  and  its  possessions,  between  eight  and  nine 
hundred  vessels  of  near  40,000  tons  burden,  according  to 
statements  from  official  materials,  in  which  they  have  con- 
fidence. This  involves  a  proportional  loss  of  seamen, 
shipwrights,  and  ship-building,  and  is  too  serious  a  loss  to 
admit  forbearance  of  some  effectual  remedy. 

It  is  true  we  must  expect  some  inconvenience  in  prac- 
tice from  the  establishment  of  discriminating  duties.  But 
in  this,  as  in  so  many  other  cases,  we  are  left  to  choose 
between  two  evils.  These  inconveniences  are  nothing 
when  weighed  against  the  loss  of  wealth  and  loss  of  force, 
which  will  follow  our  perseverance  in  the  plan  of  indis- 
crimination. When  once  it  shall  be  perceived  that  we  are 
either  in  the  system  or  in  the  habit  of  giving  equal  advan- 
tages to  those  who  extinguish  our  commerce  and  naviga- 
tion by  duties  and  prohibitions,  as  to  those  who  treat  both 
with  liberality  and  justice,  liberality  and  justice  will  be 
converted  by  all  into  duties  and  prohibitions.  It  is  not  to 
the  moderation  and  justice  of  others  we  are  to  trust  for  fair 
and  equal  access  to  market  with  our  productions,  or  for 
our  due  share  in  the  transportation  of  them  ;  but  to  our  own 
means  of  independence,  and  the  firm  will  to  use  them. 
Nor  do  the  inconveniences  of  discrimination  merit  con- 
sideration. Not  one  of  the  nations  before  mentioned,  per- 
haps not  a  commercial  nation  on  earth  is  without  them. 
In  our  case  one  distinction  alone  will  suffice :  that  is  to 
say  ;  between  nations  who  favour  our  productions  and 


STATE  PAPERS. 


43T 


navigation,  and  those  who  do  not  favour  them.  One  set 
of  moderate  duties,  say  the  present  duties,  for  the  first,  and 
a  fixed  advance  on  these  as  to  some  articles,  and  prohibi- 
tions as  to  others,  for  the  last. 

Still  it  must  be  repeated  that  friendly  arrangements  are 
preferable  with  all  who  will  come  into  them  ;  and  that  we 
should  carry  into  such  arrangements  all  the  liberality  and 
spirit  of  accommodation  which  the  nature  of  the  case  will 
admit. 

France  has,  of  her  own  accord,  proposed  negotiations 
for  improving,  by  a  new  treaty  on  fair  and  equal  princi- 
ples, the  commercial  relations  of  the  two  countries.  But 
her  internal  disturbances  have  hitherto  prevented  the  pro- 
secution of  them  to  effect,  though  we  have  had  repeated 
assurances  of  a  continuance  of  the  disposition. 

Proposals  of  friendly  arrangement  have  been  made  ott 
our  part,  by  the  present  government,  to  that  of  Great  Bri- 
tain, as  the  message  states  :  but,  being  already  on  as  good 
a  footing  in  law,  and  a  better  in  fact,  than  the  most  fa- 
voured nation,  they  have  not,  as  yet,  discovered  any  dis- 
position to  have  it  meddled  with. 

We  have  no  reason  to  conclude  that  friendly  arrange- 
ments would  be  declined  by  the  other  nations,  with  whom 
we  have  such  commercial  intercourse  as  may  render  them 
important.  In  the  meanwhile,  it  would  rest  with  the  wis- 
dom of  Congress,  to  determine  whether,  as  to  those  na- 
tions, they  will  not  surcease  ex  parte  regulations,  on  the 
reasonable  presumption  that  they  will  concur  in  doing 
whatever  iu^tii-o  and  moderation  dictate  should  be  done.. 

TH:  JEFFERSON. 


MESSAGE 

♦^tOM    THE    PRESIDENT    Op    THE    UNITED    STATES  RELATIVE 
TO     TRUCE    BETWaii.V     PORTUGAL     AND      ALGIERS.       nj  .'. 

l\   1793. 

P8*<ft  Vo*.  Confident! '1  DortimenlM 


438  AMERICAN 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE 
TO  LETTER  FROM  REPRESENTATIVES  OF  SPAIN.  DEC. 
30,  1793. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM    THE    PRESIDENT    OF     THE    UNITED      STATES      TO    THE 
HOUSE    OF  REPRESENTATIVES.       DEC.   30,   1793. 

I  now  transmit  you  a  report  by  the  Secretary  of  State, 
of  such  laws,  decrees  and  ordinances,  or  their  substance, 
respecting  commerce  in  the  countries,  with  which  the 
United  States  have  commercial  intercourse,  as  he  has 
received,  and  had  not  stated  in  his  report  of  the  sixteenth 
instant.  GEORGE  WASHINGTON. 


The  Secretary  of  State,  to  whom  the  President  of  the  Unit- 
ed States  referred  the  resolution  of  the  House  of  Repre- 
sentatives, of  December  24,  1793,  desiring  the  sub- 
stance of  all  such  laws,  decrees,  or  ordinances,  respect- 
ing commerce  in  any  of  the  countries  with  which  the 
United  States  have  commercial  intercourse,  as  have 
been  received  by  the  Secretary  of  State,  and  not  al- 
ready stated  to  the  House,  in  his  report  of  the  16th  inst. 
Reports  : 

That  he  has  had  an  official  communication  of  a  decree 
rendered  by  the  National  Assembly  of  France,  on  the  26th 
day  of  March  last,  of  which  the  following  is  a  translation. 


Decree,  exempting  from  /all  duties  the  subsistences  and 
other  objects  of  supply  in  the  colonies,  relatively  to  the 
United  States,  pronounced  in  the  sitting  of  the  26th  of 
March,  1793,  2d  year  of  the  French  Republick. 

TtfE  National  Convention,  willing  to  prevent,  by  pre- 
cise dispositions,  the  difficulties  that  might  arise  relatively 


STATE  PAPERS.  439 

to  the  execution  of  its  decree  of  the  1 9th  February  last, 
concerning  the  United  States  of  America  ; — to  grant  new 
favours  to  this  ally-nation,  and  to  treat  it  in  its  commercial 
relations  with  the  colonies  of  France,  in  the  same  manner 
as  the  vessels  of  the  Republick — decree  as  follows  : 

Art.  1 .  From  the  day  of  the  publication  of  the  present 
decree,  in  the  French  American  colonies,  the  vessels  of 
the  United  States,  of  the  burden  of  60  tons  at  the  least, 
laden  only  with  meals  and  subsistences,  as  well  as  the  ob- 
jects of  supply,  announced  in  Art.  2d  of  the  arret  of  30th 
August,  1784,  as  also  lard,  butter,  salted  salmon,  and  can- 
dles, shall  be  admitted  in  the  ports  of  the  said  colonies, 
exempt  from  all  duties  :  The  same  exemption  shall  extend 
to  the  French  vessels  laden  with  the  same  articles,  and 
coming  from  a  foreign  port. 

Art.  2.  The  captains  of  vessels  of  the  United  States, 
who,  having  brought  into  the  French  American  colonies 
the  objects  comprised  in  the  above  article,  wish  to  return 
to  the  territory  of  the  said  states,  may  lade  in  the  said  co- 
lonies, independent  of  sirups,  rum,  taffias,  and  French 
merchandises,  a  quantity  of  coffee  equivalent  to  the  one 
fiftieth  of  the  tonnage  of  every  vessel,  as  also  a  quantity  of 
sugar  equal  to  the  one  tenth,  on  conforming  to  the  follow- 
ing articles. 

Art.  3.  Every  captain  of  an  American  vessel,  who  wishes 
to  make  returns  to  the  United  States  of  coffee  and  sugar  of 
the  French  colonies,  shall  make  it  appear  that  his  vessel 
entered  therein  with  at  least  two  thirds  of  her  cargo  ac- 
cording to  Art.  1st,  for  this  purpose  he  shall  be  obliged  to 
transmit,  within  twenty-four  hours  after  his  arrival,  to  the 
customhouse  of  the  place  he  may  land  at,  a  certificate  of 
the  marine  agents,  establishing  the  gauge  of  his  vessel,  and 
the  effective  tonnage  of  her  cargo. 

The  heads  of  the  said  customhouses  shall  assure  them- 
selves that  the  exportation  of  the  sugars  and  coficc  does 
not  exceed  the  proportion  fixed  by  the  2d  article  of  the 
present  decree. 

Art.  4.  The  captains  of  vessels  of  the  United  States  of 
America  shall  not  pay  on  going  from  the  Islands,  as  well 
as  those  of  the  Republick,  but  a  duty  of  five  livres  per 
quintal  of  indigo,  ten  livres  per  thousand  weight  of  cotton, 
five  livres  per  thousand  weight  of  coffee,  five  livres  per 
thousand  weight  of  brown  and  clayed  sugars,  and  fifty  sols 


440  AMERICAS 

per  thousand  weight  of  raw  sugar.  Every  other  mer- 
chandise shall  be  exempt  from  duty  on  going  out  of  the 
colonies. 

Art.  5.  The  sugars  and  coffee  which  shall  be  laden  shall 
pay  at  the  customhouses  which  are  established  in  the 
colonies,  or  that  shall  be*  established,  in  addition  to  the 
duties  above  fixed,  those  imposed  by  the  law  of  1 9th 
March,  1791,  on  the  sugars  and  coffee  imported  from 
the  said  colonies  to  France,  and  conformably  to  the 
same  law. 

Art.  6.  The  captains  of  vessels  of  the  United  States, 
who  wish  to  lade  merchandises  of  the  said  colonies  for 
the  ports  of  France,  shall  furnish  the  customhouse  at  the 
place  of  departure  with  the /bonds  required  of  the  masters 
of  French  vessels  by  the  2d  article  of  the  law  of  10th 
July,  1791,  to  secure  the  unlading  of  these  merchandises 
in  the  ports  of  the  Republick. 

Art.  7.  The  vessels  of  the  nations  with  whom  the 
French  Republick  is  not  at  war,  may  carry  to  the  French 
American  colonies  all  the  objects  designated  by  the  pre- 
sent decree.  They  may  also  bring  into  the  ports  of  the 
Republick,  only,  all  the  productions  of  the  said  colonies,  on 
the  conditions  announced  in  the  said  decree,  as  well  as 
that  of  the  19th  February. 

Copy  conformable  to  the  original.  GENET. 

That  he  has  not  received  officially  any  copy  of  the  de- 
cree said  to  have  been  rendered  by  the  same  assembly 
©n  the  27th  day  of  July  last,  subjecting  the  vessels  of  the 
United  States,  laden  with  provisions,  to  be  carried  against 
their  will  into  the  ports  of  France,  and  those  having  enemy 
goods  on  board,  to  have  such  goods  taken  out  as  legal 
prize. 

That  an  ordinance  has  been  passed  by  the  government 
of  Spain  on  the  9th  day  of  June  last,  the  substance  of 
which  has  been  officially  communicated  to  him  in  the  fol- 
lowing words,  to  wit : 

Extract  of  an  ordinance  for  regulating   provisionally  the 
commerce  of  Louisiana  and  the  Floridas — dated  the  9th 
of  June,  1 793. 
The  preamble  states  that  the  inhabitants  of  Louisiana, 

t)f  ins  deprived  of  their  commerce  with  Frauce  Con  aceourtt 


STATE  FA.PERS.  441 

of  the  war)  as  allowed  by  the  ordinance  of  January,  1782  : 
and  his  majesty,  considering  that  they  and  the  inhabitants 
of  the  Floridas  cannot  subsist  without  the  means  of  dispos- 
ing of  their  productions,  and  of  acquiring  those  necessary 
for  their  consumption — for  that  purpose,  and  to  increase 
the  national  commerce — the  commerce  of  those  provinces, 
and  their  agriculture — has  directed  the  following  articles 
to  be  provisionally  observed. 

The  inhabitants  of  the  above  mentioned  provinces  to  be 
allowed  to  commerce  freely  both  in  Europe  and  America 
with  all  friendly  nations  who  have  treaties  of  commerce 
with  Spain.  New  Orleans,  Pensacola  and  St.  Augustine, 
to  be  port6  for  that  purpose.  No  exception  as  to  the 
articles  to  be  sent  or  to  be  received.  Every  vessel  how- 
ever to  be  subjected  to  touch  at  Corcubion  in  Gallicia,  or 
Alicant,  and  to  take  a  permit  there,  without  which  the 
entry  not  to  be  allowed  in  the  ports  above  mentioned. 

The  articles  of  this  commerce  carried  on  thus  directly 
between  those  provinces  and  foreign  nations  to  pay  a  duty 
of  15  per  cent,  importation,  and  6  per  cent,  exportation, 
except  negroes,  who  may  be  imported  free  of  duty — the 
productions  and  silver  exported  to  purchase  those  negroes 
to  pay  the  6  per  cent,  exportation  duty — the  exportation 
of  silver  to  be  allowed  for  this  purpose  only. 

The  commerce  between  Spain  and  those  provinces  to 
remain  free.  Spaniards  to  be  allowed  to  observe  the  same 
rules,  and  to  fit  out  from  the  same  ports  (in  vessels  wholly 
belonging  to  them,  without  connection  with  foreigners)  for 
those  provinces  as  for  the  other  Spanish  colonies. 

To  remove  all  obstacles  to  this  commerce,  all  sorts  of 
merchandise  destined  for  Louisiana  and  the  Floridas  (even 
those  whose  admission  is  prohibited  for  other  places)  may 
be  entered  in  the  ports  of  Spain,  and  in  like  manner  tobac- 
co and  all  other  prohibited  articles  may  be  imported  into 
Spain  from  these  provinces,  to  be  re-exported  to  foreign 
countries. 

To  improve  this  commerce  and  encourage   the  agricul- 
ture of  those  provinces,  the  importation  of foreign  rice  into 
the  ports  of  Spain  is  prohibited,  and  a  like  preference  shall 
be  given  to  the  other  productions  of  these  provinces,  v. 
they  shall  suffice  for  the  consumption  of  Spain. 

All  articles  exported  from  Spain  to  these  provinces  shall 
be  free  of  duty  on  exportation,  and  such  as  being  foreign. 
vol.  i.  50 


442  AMERICAN 

shall  have  paid  duty  on  importation  into  Spain,  shall  have 
it  restored  to  the  exporters. 

These  foreign  articles  thus  exported,  to  pay  a  duty  of 
three  per  cent,  on  entry  in  those  provinces,  those  which 
are  not  foreign  to  be  free  of  duty. 

The  articles  exported  from  those  provinces  to  Spain  to 
be  free  of  duty,  whether  consumed  in  Spain  or  re-exported 
to  foreign  countries. 

Those  Spanish  vessels,  which  having  gone  from  Spain 
to  those  provinces,  should  desire  to  bring  back  produc- 
tions from  thence,  directly  to  the  foreign  ports  of  Europe. 
may  do  it  on  paying  a  duty  of  exportation  of  3  per  cent. 

All  vessels,  both  Spanish  and  foreign,  sailing  to  those 
provinces  to  be  prohibited  from  touching  at  any  other 
port  in  his  majesty's  American  dominions. 

No  vessel  to  be  fitted  out  from  New  Orleans,  Pensacola, 
or  St.  Augustine,  for  any  of  the  Spanish  islands  or  other 
dominions  in  America,  except  for  some  urgent  cause,  in 
which  case  only  the  respective  governour  to  give  a  per- 
mission, but  without  allowing  any  other  articles  to  be  em- 
barked than  the  productions  of  those  provinces. 

All  foreign  vessels  purchased  by  his  majesty's  subjects, 
and  destined  for  this  commerce,  to  be  exempted  from  those 
duties  to  which  they  are  at  present  subjected,  they  prov- 
ing that  they  are  absolute  and  sole  proprietors  thereof. 

He  takes  this  occasion  to  note  an  act  of  the  British  Par- 
liament of  the  28  G.  in.  c.  6.  which  though  passed  before 
the  epoch  to  which  his  report  aforesaid  related,  had  escap- 
ed his  researches.  The  effect  of  it  was  to  convert  the 
proclamations  i*egulating  our  direct  intercourse  with  their 
West  Indian  islands  into  a  standing  law,  and  so  far  to  re- 
move the  unfavourable  distinction  between  us  and  foreign 
nations  stated  in  the  report,  leaving  it  however  in  full 
force  as  to  our  circuitous  intercourse  with  the  same  islands, 
and  as  to  our  general  intercourse,  direct  and  circuitous 
with  Great  Britain  and  all  her  other  dominions. 

TH :  JEFFERSON. 

Dec.  30.   1793. 


STATE    PAPERS.  443 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CONGRESS*. 
JANUARY   15,   1794. 

I  lay  before  you,  as  being  connected  with  the  corres- 
pondence, already  in  your  possession,  between  the  Secre- 
tary of  State,  and  the  minister  plenipotentiary  of  the 
French  Republick,  the  copy  of  a  letter  from  that  minister, 
of  the  25th  of  December,  1793  ;  and  a  copy  of  the  pro- 
ceedings of  the  legislature  of  the  state  of  South  Carolina. 

GEORGE  WASHINGTON. 

Columbia,  December!,  1793. 
Sir, — I  have  the  honour  of  transmitting  to  you,  the  re- 
solves of  the  legislature  of  this  state,  with  a  number  of 
affidavits,  setting  forth,  that  certain  persons  in  this  state, 
have  been  enlisting  men  for  the  service  of  the  French 
Republick,  to  go  on  an  expedition  against  a  power,  not  at 
war  with  the  United  States.  The  investigation  of  the 
whole  business  is  fully  expressed  in  the  report  of  the  com- 
mittee.    I  have  the  honour  to  be,  &c. 

WILLIAM  MOULTRIE. 
The  President  of  the  United  States  of  America. 

P.  S.  In  the  message  with  which  the  resolves  and  affida- 
vits were  sent  to  me,  I  am  desired  to  request,  that  the 
names  of  the  several  deponents,  who  have  given  testimony 
in  the  business,  may  not  be  made  known.  The  reason* 
which  suggest  this  secrecy,  must  be  obvious. 

State  of  South,  Carolina.     In  the  House  of  Representatives. 
December  6,  1793. 

The  committee  to  whom  was  referred  the  business  of  ex- 
amining into,  and  ascertaining  the  truth  of  a  report  thai 
an  armed  force  is  now  levying  within  this  state,  by  per- 
sons under  a  foreign  authority,  without  the  permis- 
sion, and  contrary  to  the  express  prohibition  of  the 
government  of  the  United  States,  and  of  this  state,  Re- 
port, 
That  they  have  made  diligent  inquiry   respecting  the 

truth  of  this  report,  and   have  collected  such  evidence  re 


^444  AMERICAS 

lating  thereto  as  was  immediately  within  their  reach — that 
your  committee  are  perfectly  satisfied,  from  the  informa- 
tion, on  the  oaths  of  divers  credible  persons,  which  they 
have  received,  that  William  Tate,  Jacob  R.  Brown,  Wil- 
liam Urby,  Robert  Tate,  Richard  Speke,  citizens  of  this 
state,  and  other  persons  unknown  to  your  committee,  also 
citizens  of  this  state,  have  received  and  accepted  military 
commissions  from  Mr.  Genet,  minister  plenipotentiary  from 
the  republick  of  France  to  the  United  States  of  America, 
authorizing  them,  and  instructions  requiring  them,  to  raise, 
organize,  train,  and  conduct  troops,  within  the  United 
States  of  America — That  the  avowed  purpose  for  which 
these  troops  are  now  raising,  is,  to  rendezvous  in  the  state 
of  Georgia,  and  from  thence  to  proceed  into  the  Spanish 
dominions,  with  a  view  to  conquest  or  plunder,  as  their 
strength  might  enable,  or  opportunity  might  tempt  them 
— That  in  the  event  of  a  French  fleet  approaching  the 
coasts  of  the  southern  states,  a  junction  and  co-operation 
with  it  is  contemplated  by  the  persons  above  mentioned  ; 
but  that  though  this  was  the  avowed  object  of  these  troops 
and  their  leaders,  among  themselves  ;  from  the  injunction 
to  conceal  the  whole  system  from  persons  not  initiated,  and 
the  subordination  established  to  Mr.  Genet,  the  author  of 
the  plan,  and  the  source  of  authority  to  the  officers,  it  is 
probable  that  the  corps,  when  raised,  must  yield  to  any 
change  of  destination  which  the  judgment  or  inclination  of 
Mr.  Genet  may  point  out  to  them — That  several  of  the 
persons  above  named,  received,  together  with  their  com- 
missions, instructions  by  which  they  were  to  regulate  their 
enrolments  of  men,  stating  the  pay,  rations,  clothing,  plun- 
der, and  division  of  conquered  land,  to  be  allotted  to  the 
officers  and  men  who  should  enter  into  this  service,  and 
marking  the  proportions  of  the  acquisitions  to  be  reserved 
to  the  republick  of  France — That  the  persons  above  named, 
in  pursuance  of  the  powers  vested  in  them  by  the  said 
commissions,  and  in  obedience  to  the  instructions  of  Mr. 
Genet  and  his  agents,  particularly  M.  Mangourit,  who 
signed  some  of  the  papers,  have  proceeded  by  themselves, 
and  by  their  agents,  without  any  authority  from  the  United 
States,  or  from  this  state,  to  enrol  numbers  of  the  citizens 
of  this  state,  whom  they  deluded  with  the  hopes  of  plunder 
and  the  acquisition  of  riches,  in  the  service  of  the  repub- 


STATE    PAPERS.  445 

lick  of  France,  to  be  subject  to  the  orders  of  Mr.  Genet, 
the  minister  plenipotentiary  of  France. 

That  Stephen  Drayton  and  John  Hamilton,  also  citizens 
of  this  state,  have  made  application  to  the  good  citizens 
thereof  to  engage  in  this  scheme  of  raising  men  in  this  state 
for  the  service  of  France,  to  act  under  the  orders  of  Mr. 
Genet,  and  to  commit  acts  of  hostility  against  nations  at 
peace  with  the  United  States  of  America  ;  and  have  avow- 
ed that  they  acted  by  the  authority  of  Mr.  Genet,  the 
minister  plenipotentiary  of  the  republick  of  France  ;  that 
upon  the  whole  of  the  information  which  your  committee 
have  been  able  to  obtain,  this  is  a  daring  and  dangerous 
attempt  by  a  foreign  minister  to  intermeddle  in  the  affairs 
of  the  United  States,  to  usurp  the  powers  of  govern- 
ment, and  to  levy  troops  in  the  bosom  of  the  Union,  with- 
out the  authority,  and  contrary  to  the  express  sense  of  the 
government  of  the  United  States,  and  in  violation  of  the 
Taws  of  nations — 

That  the  direct  tendency  of  these  measures  of  the  foreign 
minister  is  to  disturb  the  internal  tranquillity  of  the  United 
States,  and  to  involve  them  in  hostilities  with  nations  with 
whom  they  are  now  at  peace,  which  sound  policy  requires 
should  be  preserved. — That  in  the  opinion  of  your  com- 
mittee this  attempt  is  the  more  dangerous  and  alarming  as 
many  citizens  of  the  United  States  have  been  thereby 
seduced  from  their  duty  by  insidious  arts  practised  on 
their  kindred  affection  to  the  French  Republick  ;  and  have 
been  drawn  into  a  scheme,  in  the  execution  of  which  they 
have  usurped  the  functions  of  government,  and  exercised 
the  power  of  the  sword,  which  the  wisdom  of  the  constitu- 
tion hath  vested  exclusively  in  the  Congress  and  President 
of  the  United  States. — That  this  committee  therefore  re- 
commend that  the  governour  of  this  state  be  requested  to 
issue  his  proclamation,  forbidding  all  persons  from  enroll- 
ing any  of  the  citizens  of  this  state,  and  prohibiting  the 
t  itizens  from  enlisting  under  any  officers,  or  for  any  pur- 
poses not  previously  sanctioned  by  the  government  of  the 
United  States,  or  of  this  state  ;  and  also  forbidding  all  un- 
lawful assemblages  of  troops,  unauthorized  by  government ; 
and  that  the  governour  be  requested  to  exert  the  whole 
publick  force  to  the  utmost  extent,  if  necessary,  to  ensure 
obedience  to  hU  proclamation. 


446  AMERICAN 

That  in  the  opinion  of  this  committee,  the  said  William 
Tate,  Jacob  R.  Brown,  Robert  Tate,  Stephen  Drayton. 
John  Hamilton,  and  Richard  Speke,  have  been  guilty  of 
high  crimes  and  misdemeanors  ;  and  they  recommend 
that  the  attorney  general  and  solicitors  be  directed,  forth- 
with to  institute,  or  cause  to  be  instituted  and  conducted, 
prosecutions  in  the  proper  courts  of  law,  against  the  said 
William  Tate,  Jacob  R.  Brown,  Robert  Tate,  Stephen 
Drayton,  John  Hamilton,  and  Richard  Speke,  for  accept- 
ing, or  engaging  to  accept  commissions  from  a  foreign 
power,  to  raise  troops  within  the  United  States,  and  for 
going  about  within  the  state,  levying  or  attempting  to  levy 
troops,  and  for  seducing,  and  endeavouring  to  seduce  the 
citizens  of  this  state,  to  enrol  themselves  for  foreign  ser- 
vice, to  commit  acts  of  hostility  against  nations,  with 
whom  the  United  States  are  at  peace,  without  the  permis- 
sion of  the  government,  and  contrary  to  the  proclamation 
of  the  President  of  the  United  States,  declaring  these 
states  to  be  in  a  state  of  neutrality  and  peace. 

That  copies  of  the  evidence  collected  by  this  committee, 
together  with  the  proceedings  of  this  house  thereon,  be 
forwarded  immediately  to  the  President  of  the  United 
States,  and  to  the  executives  of  the  states  of  North  Caro- 
lina and  Georgia,  for  their  information. 

Resolved  unanimously,  That  this  house  do  concur  in 
the  said  report. 

Ordered,  That  the  report  and  resolution  be  sent  to  the 
Senate,  for  their  concurrence. 
By  order  of  the  House. 

JOHN  SANDFORD  DART,  C.  H.  R. 

In  the  Senate,  December  7,  1 793. 
Resolved  unanimously,  That  this  House  do  concur  will. 
the  House  of  Representatives,  in  the  foregoing  report  and 
resolution. 

Ordered,  That  the  report  and  resolutions  be  sent  to  the 
House  of  Representatives. 

By  order  of  the  Senate, 

FELIX  WARLEY,  C.  S. 

A  true  copy,  and  which  I  attest, 

JOHN  SANDFORD  DART, 
Clerk  of  the  House  of  Representatives. 
Columbia,  Dec.  9,  1793. 


STATE  PAPERS.  447 


THE  STATE  OP  SOUTH  CAROLINA. 

By  his  Excellency  William  Moultrie,  Governour  and  Com- 
mander in  chief  in  and  over  the  State  aforesaid.  Jl 
Proclamation, 

Whereas  information  hath  been  given  to  me,  that  an 
armed  force  is  now  levying  within  this  state  by  persons 
under  a  foreign  authority,  without  the  permission,  and 
contrary  to  the  express  prohibition  of  the  government  of 
the  United  States,  and  of  this  state :  and  whereas  mea- 
sures of  this  sort,  if  permitted  by  government,  must  tend 
to  disturb  the  internal  tranquillity  of  the  United  States, 
and  involve  them  in  hostilities  with  nations  with  whom 
they  are  now  at  peace,  which  sound  policy  requires  should 
be  preserved  ;  and  as  many  of  the  citizens  of  this  state 
may  be  induced,  by  the  insidious  arts  of  the  persons  act- 
ing under  the  foreign  authority  as  aforesaid,  in  violation  of 
every  law,  as  well  of  the  United  States,  as  that  of  nations, 
{o  enlist  themselves,  and  engage  in  a  scheme  so  replete 
with  injury  to  this  country. — I  do  therefore,  in  order  to 
put  an  immediate  stop  to  such  unlawful  and  pernicious 
practices,  issue  this  my  proclamation,  hereby  strictly  for- 
bidding any  person  to  enrol  any  of  the  citizens  of  this 
state,  and  prohibiting  the  citizens  thereof  from  enlisting 
under  any  officer,  or  other  person,  for  any  purpose  not 
previously  sanctioned  by  the  government  of  the  United 
States,  or  of  this  state.  And  I  do  positively  forbid  all 
assemblages  of  troops,  unauthorized  by  government,  under 
pain  of  suffering  the  penalties  declared  by  law  for  such 
offences. 

Given  under  my  hand,  and  the  soul  of  the  state,  in  the 
town  of  Columbia,  this  9th  day  of  December,  in  the 
year  of  our  Lord  one  thousand  seven  hundred  and 
ninety-three,  and  of  the  independence  of  the  United 
States  of  Ameriea  the  eighteenth. 

WILLIAM  MOULTRTF.. 
By  the  Governours  command, 

Peter  Frfaf.ut.  Secretary. 

South  Carolina. 

makcth  oath,  that  Roht.  '('.!■ 
applied  to  this  deponent  during  the  fining  ofth"  Prt<  '-<>••< 


448  AMERICAN* 

court  November  term  last,  and  urged  him  to  accept  an  ap- 
pointment in  a  body  of  troops  that  was  to  be  raised  in 
this  state  under  French  commissions ;  which  troops  were 
to  go  on  an  expedition  against  the  Spanish  possessions,  on 
some  part  of  the  American  continent — And  this  deponent 
adds  that  Robt.  Tate  expressly  told  him  that  he  was  then 
acting  under  a  French  commission  from  the  French  go- 
vernment, and  was  determined  to  enlist  men  as  soon  as 
possible. 

Sworn  before  me  this  2d 
December,  1793. 

A  true  copy,  and  which  I  attest, 

JOHN  SANDFORD  DART, 
Clerk  of  the  House  of  Representatives. 

Columbia,  Dec.  9,  1793. 

South  Carolina. 

Before  me  personally  appeared  of 

Pendleton  county,  who  being  duly  sworn,  deposcth  as  fol- 
loweth — That  is  to  say,  that  on  Sunday  the  twenty-fourth 
of  November  last,  he,  this  deponent,  was  in  company  with 
Mr.  William  Tate,  and  lodged  in  the  same  house  with 
him,  at  Cambridge — That  the  said  William  Tate,  showed 
unto  this  deponent,  a  certain  paper  written  in  French,  and 
also  in  English,  and  under  the  hand  and  seal  of  citizen 
Genet,  minister  plenipotentiary,  from  the  Republick  of 
France,  to  the  United  States  of  America,  which  paper  was 
a  commission,  directed  to  the  said  William  Tate,  consti- 
tuting and  appointing  him  a  colonel,  in  the  service  of  the 
French  Republick — That  he  also  saw  in  the  possession  of 
the  said  William  Tate,  another  paper  signed  by  citizen 
Genet  (as  well  as  this  deponent  can  recollect)  being  a  plan 
for  the  formation  of  a  military  corps,  ruled  like  a  brigade 
return,  with  columns  specifying  the  number  of  officers 
and  men,  the  pay,  the  rations,  and  the  proportion  of  spoil 
each  one  was  to  have — This  deponent  thinks  they  speci- 
fied one  lieutenant  colonel,  a  second  lieutenant  colonel, 
captains,  and  from  thence  down ;  containing  thirty-two 
commissioned  and  non-commissioned  officers,  and  one 
hundred  and  twenty-four  privates — That  the  number  of 
battalions  was  unlimited.     That  the  spoil  was  to  be  sodis- 


STATE  PAPER?.  44§ 

tributed  as  to  leave  a  certain  portion  thereof  to  the  French 
nation,  viz.  two  parts ;  but  into  how  many  parts  the 
whole  was  to  be  divided,  the  deponent  cannot  recollect — 
The  said  William  Tate,  informed  this  deponent,  that  in 
pursuance  of  his  instructions,  he  had  sent  out  several  per- 
sons, to  enlist  men  in  this  state,  into  the  French  service  ; 
that  if  the  measures  taken,  should  be  successful,  blank 
commissions  would  be  sent  on  from  the  northward,  and 
each  person  would  receive  a  commission,  according  to 
the  number  of  men  he  should  enlist — The  deponent  saith, 
that  this  was  set  forth  in  the  instructions  ;  this  deponent 
farther  saith,  that  the  said  William  Tate  told  this  deponent, 
that  the  object  of  the  enlistment  was,  to  march  to  South 
America,  and  attack  the  Spanish  dominions.  This  depo- 
nent farther  saith,  that  he  saw  at  the  same  time,  in  the 
possession  of  the  said  William  Tate,  other  papers,  relative 
to  the  foregoing  transactions,  signed  by  monsieur  M.  A.  B. 
Mangourit,  the  particular  purport  whereof  this  deponent 
-cannot  now  recollect. 

Sworn  the  2d  day  of  December, 
1 793,  before  me. 
A  true  copy,  and  which  I  attest, 

JOHN  SANDFORD  DART, 
Clerk  of  the  House  of  Representatives, 
-Columbia,  Dec.  9,  1793, 

South  Carolina. 
Before  me  personally  appeared,  who 

bring  duly  sworn,  deposeth  and  saith,  that  on  Saturday 
the  30th  day  of  November  last,  as  he  was  on  his  way  to 
Columbia,  to  attend  his  duty  in  the  house  of  representa- 
tives, and  in  crossing  the  ferry  at  Granby,  he  fell  in  com- 
pany with  two  men,  one  of  whom,  addressing  him,  mention- 
ed that  he  had  heard  that  he,  this  deponent,  was  one  of 
their  party  (meaning,  as  this  deponent  received  the  im- 
pression at  the  time,  the  party  for  enlisting  and  raising 
men  for  the  French  service)  the  other  person  added,  that 
he  and  his  companion,  had  their  company  filled  up,  and 
pulling  a  paper  out  of  his  pocket,  said  it  was  his  commis- 
sion, and  offered  to  show  it  to  this  deponent;  this  depo 
nent  told  him  he  would  not  wish  to  deceive  him,  for  that 
he,  this  deponent,  was  not  of  his  party,  and  did  not  lopJ< 
von.  ft  57 


4J0  AMERICAN 

at  his  commission  or  papers.  One  of  the  men  told  this 
deponent,  that  he  hoped  to  see  him,  this  deponent,  in  the 
new  country,  and  that  they  were  to  have  their  rendezvous* 
in  Georgia  ;  he  asked  this  deponent,  whether  he  had  seen 
captain  Tate,  that  he  was  informed  captain  Tate  had  been 
-at  his,  the  deponent's  house  :  Dept.  replied,  that  he  had 
not  seen  him  that  he  did  not  know  him,  and  that  he  had 
not  been  at  his  house  that  he  knew  of. 

Sworn  the  2d  day"  of  December,  ) 
1 793,  before  me.  $ 

A  true  copy,  and  which  I  attest, 

JOHN  SANDFORD  DART, 
Clerk  of  the  House  of  Representatives. 
Columbia,  Dec.  9,  1793. 


Stale  of  South  Carolina. 

of  the  county  of  Laurens,  being 
duly  sworn,  maketh  oath,  that  on  or  about  the  twelfth  day 
of  November,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  ninety-three,  captain  William  Urbey,  of  the 
county  of  told  this  deponent  that  he 

held  a  commission  to  raise  troops,  and  offered  to  show  his 
commission,  which  Mr.  declined  seeing. 

He  added  to  this  deponent  that  he  was  authorized  to  raise 
troops,  which  this  deponent  understood  was  for  foreign 
service — That  this  deponent  was  made  to  understand  that 
captain  William  Tate  was  to  be  commandant  of  the  troops 
to  be  raised — Dr.  Jacob  R.  Brown  also  communicated  to 
riiis  deponent  that  he  was  a  lieutenant-colonel,  and  he. 
showed  to  him  a  paper  which  stated  the  pay,  rations,  pro- 
portion of  spoil,  number  of  men  to  be  raised,  and  bat- 
talions, divisions  of  land,  and  other  particulars.  That  the 
pay  fixed  was  twenty-five  cents  per  day  to  privates. — 
That  Dr.  Jacob  R.  Brown,  on  showing  him  this  paper, 
asked  this  deponent  if  he  would  advise  him  to  engage  in 
this  business,  but  this  deponent  declined  giving  any  ad- 
vice. That  this  deponent  understood  that  the  source 
of  all  power  and  the  spring  of  action  in  this  business 
was  Mr.  Genet,  the  ambassador  from  the  Republick  of 
France,  from  whom  all  these  things  originated.  He  un- 
derstood this  from  Dr.  Jacob  R.  Brown.     This  deponent 


STATE  PAPER*.  45-1 

also  understood  the  number  of  men  to  be  raised  was  five 
thousand.  This  deponent  saw  a  paper  in  the  hands  of 
Dr.  Brown,  or  captain  Urbey,  which  was  an  enrolment  of 
men,  which  was  signed  by  about  ten  men,  who  had  enlist- 
ed in  the  above  mentioned  service.  This  deponent  thinks 
that  both  of  the  papers  he  saw  were  headed  partly  with 
initial  letters  *,  he  docs  not  recollect  the  purport  of  the 
heading. 

This  deponent  understood  from  both  Urbey  and  Brown, 
that  the  business  was  to  be  conducted  secretly. 

Sworn  to  before  me  this  2d 
December,  1793. 

A  true  copy,  and  which  1  attest, 

JOHN  SANDFORD  DART,  C.  H.  R, 

Columbia,  December  9,  1793. 


South  Carolina,  to  wit. 
Before  me  personally  appeared,  who 

being  duly  .sworn,  deposeth  as  follows:  That  some  time 
about  the  middle  of  November  last,  Stephen  Drayton, 
Esq.  and  major  Hambleton,  called  at  the  house  of  this 
deponent,  and  mentioned  to  this  deponent  as  a  very  ad- 
vantageous plan  that  was  a  foot,  to  get  as  many  men  as 
possible  to  agree  to  assemble  by  small  parties  upon  some 
of  the  shores  near  Charleston  or  elsewhere,  and  that  a 
French  fleet  was  to  attend  for  the  purpose  of  receiving 
them,  and  that  the  object  was,  to  make  a  descent  upon 
some  of  the  Spanish  islands,  that  would  be  a  very  lucra- 
tive conquest,  if  effected — They  mentioned  that  Mr.  Tate 
had  gone  forward  on  the  same  business  to  Mr.  Genet,  to 
obtain  commissions ;  and  this  deponent  understood  from 
the  said  Stephen  Drayton  and  major  Hambleton,  that  they 
the  said  Stephen  Drayton  and  major  John  Hambleton 
were  acting  under  the  authority  of  the  minister  of  the 
French  Republick  at  the  time.  This  deponent  was  there- 
upon applied  to  by  the  said  Stephen  Drayton,  to  be  con- 
cerned in  the  enterprise,  adding,  that  this  deponent  could 
be  advanced  to  a  pretty  high  commission.  This  deponent 
immediately  refused  to  have  any  connection,  or  be  at 
all  concerned  in  the  enterprise,  and  thereupon  suggested 
doubts  of  the  legality  of  the  undertaking,  in  a«s  much  as  ir 


43£  AJfERICAM 

would  be  inconsistent  with  the  Proclamation  of  the  Presi- 
dent of  the  United  States  ;  adding,  that  it  would  in  all  pro- 
bability, be  taken  notice  of  by  the  executive  of  this  state. 
Sworn  the  3d  day  of  December,  ) 
1793,  before  me.  5 

The  within  a  true  copy,  and  which  I  attest, 

JOHN  SANDFORD  DART, 
Clerk  of  the  House  of  Representatives. 

Columbia,  December  9,  1793. 


TRANSLATION. 

The  Citizen  Genet,  Minister  Plenipotentiary  from  the  Repul^ 
lick  of  France  to  the  United  States,  to  Mr.  Jefferson, 
Secretary  of  State  of  the  United  States.  Philadelphia, 
25th  December,  1793,  Id  year  of  the  French  RepublickB 
one  and  indivisible. 

Sm, — I  learn  by  the  reports  of  the  consul  of  the  Repub- 
lick,  at  Charleston,  and  by  the  publick  papers,  that  the 
legislature  of  South  Carolina,  had  caused  to  be  arrested, 
different  persons,  accused  of  having  received  from  me 
commissions  for  the  purpose  of  levying  an  armed  force 
in  that  state,  for  the  service  of  the  Republick.  Conceiv- 
ing that  such  conduct,  if  it  were  true,  would  offend  the 
sovereignty  of  the  American  people,  I  hasten  to  affirm  to 
you,  sir,  that  I  have  not  authorized  in  any  manner,  the 
recruiting,  the  formation,  or  the  collecting  of  an  armed 
force,  or  of  any  corps  in  the  territory  of  the  United  States ; 
but  at  the  same  time,  I  am  too  frank  to  disguise  from  you, 
that,  authorized  by  the  French  nation,  to  deliver  commis- 
sions to  those  of  your  fellow  citizens,  who  should  feel 
themselves  animated  with  a  desire  of  serving  the  best  of 
causes,  I  have  granted  them  to  several  brave  republicans 
of  South  Carolina,  whose  intention  appeared  to  me  to  be 
to  expatriate  themselves,  and  to  go  among  the  independent 
Indian  tribes,  ancient  friends  and  allies  of  France,  in  order 
to  retaliate,  if  they  could,  in  concert  with  us,  on  the 
Spaniards  and  English,  the  injury  which  the  government 
of  these  two  nations  had  the  baseness,  for  some  time  to 
commit  on  your  fellow  citizens,  under  the  name  of  these 
savages,  in  like  manner,  as  is  lately  done  under  that  of 
the  Algerines. 


STATE  PAPERS.  453 

I  notify  you,  sir,  that  I  shall  publish  this  declaration,  in 
order  to  calm  inquietudes,  and  to  dissipate  the  doubts  to 
which  the  denunciation  made  in  the  legislature  of  Caro- 
lina, might  give  rise. 

Accept  my  respect, 

GENET. 

Department  of  State,  to  wit : 
I  hereby  certify,  that  the  foregoing  papers,  consisting  of 
seventeen  pages  of  writing,  are  truely  copied  from  the 
originals  (except  the  omission  of  certain  names  therein, 
agreeably  to  the  letter  of  7th  December,  1793,  from 
Gov.  Moultrie)  on  file  in  the  office  of  the  Department  of 
State. 

GEO.  TAYLOR,  jun.  Chief  Clerk. 
January  14,  1791. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CON- 
GRESS.  JANUARY  16,  1794. 

I  transmit  for  your  information,  certain  intelligence 
lately  received  from  Europe,  as  it  relates  to  the  subject 
of  mv  past  communications. 

GEORGE  WASHINGTON. 


TRANSLATION. 

The  Minister  Plenipotentiary  of  the  United  States  of  Ameri- 
ca to  the  Republick  of  France,  to  M.  Deforgues,  Minister 
of  Foreign  Affairs.     Sain-Port,  October  1,  1793. 

Sir, — I  have  the  honour  to  send  you  herewith,  the 
copies  of  two  judgments,  rendered  with  regard  to  the  Ame- 
rican vessel,  the  George.  By  the  first,  the  tribunal  in  con- 
forming itself  to  the  treaty  of  1770,  declared  her  unlawful 
prize — but  by  the  second,  a  part  of  the  cargo  is  condemn- 
ed, as  hostile  property;  and  the  tribunal  has  founded  its 


454  AMERICAN 

decision  upon  the  decree  of  the  27th  July.  Captain 
Richard  Stevens  of  the  American  vessel,  the  Hope,  also 
complains  very  bitterly  of  a  sentence  rendered  lately 
against  a  part  of  the  cargo  of  this  vessel,  which  is  incon- 
testably  American  property.  This  captain  informs  me. 
that  the  tribunal  of  St.  Brieu,  has  founded  its  decision  on 
the  circumstance,  that  in  the  invoice,  the  owners  of  the 
vessel,  had  added  their  commission  to  the  price  of  the 
articles  therein  comprised.  A  thing  in  use  among  mer- 
chants, who  by  this  means,  insuring  the  whole,  they  shel- 
ter from  maritime  danger,  the  price  of  their  labour,  as 
they  do  that  of  their  merchandises.  I  do  not  cite,  sir,  this 
sentence  in  the  form  of  a  complaint,  first,  because  I  have 
not  yet -received  an  authentick  copy  of  it,  and  above  all, 
because  I  am  persuaded  that  the  superior  tribunal,  to 
whom  an  appeal  must  be  made,  will  not  fail  to  render 
justice. 

I  desire  only  to  let  you  see,  sir,  how  much  discontent 
the  execution  of  the  decree  of  the  27th  July,  must  excite. 

Persuaded  that  the  Convention  wishes  to  maintain  the 
closest  connections  between  our  two  Republicks,  I  have 
given  to  our  ministry,  the  most  positive  assurances  of  it ; 
but  they  will  be  contradicted  by  the  injured  persons,  who 
doubtless  will  accuse  the  minister  with  supineness,  who 
does  not  adopt  the  feelings  of  his  fellow  citizens  ;  and  my 
efforts  will  fail  of  their  effect,  as  soon  as  it  can  be  imagined, 
that  I  do  not  render  a  faithful  account  of  the  dispositions 
of  the  French  Republick,  from  the  want  of  intelligence  or 
exactness.  I  request  you,  sir.  to  pardon  an  observation 
which  regards  the  particular  interests  of  France.  The 
circumstances  of  the  moment,  prevent  the  fitting  out  of 
privateers,  consequently  it  would  cost  it  nothing  to  cause 
the  treaty  to  be  observed  with  the  greatest  exactitude. 
Then  the  contrast  which  the  Americans  would  make, 
between  the  conduct,  of  France,  and  that  of  its  enemies, 
could  not  tut  be  favourable — but  at  present,  on  the  con- 
trary every  time  we  complain  of  the  conduct  of  the  English, 
they  shut  our  mouth?  by  this  decree  of  27th  July.  Nothing 
is  more  embarrassing  for  our  minister  at  London,  and 
nothing  can  be  more  injurious  to  the  French  Republick, 
in  the  opinion  of  the  neutral  powers  :  I  hope,  sir,  that  you 
will  observe  in  the  freedom  of  the  observations  I  have 
fust  niRflr  lo  vou.  the  amiortble  and  fraternal  dispositions, 


STATE    PAPERS.  4od 

which  have  dictated  them.  I  am  sure  at  least  of  conform- 
ing to  the  views  of  the^nited  States,  in  following  my  own 
inclination,  to  remove  every  thing  that  might  change 
the  good  harmony,  which  exists  between  two  nations, 
allied  as  well  by  the  force  of  sentiment,  as  by  that  of 
treaties. 

I  have  the  honour  to  be,  &c. 

GOUV.  MORRIS. 


Extracts  nf  a  Letter  from  Mr.  Morris  to  the  Secretary  of 
State,  dated  October  10,  1793. 

1  am  very  anxious  that  consuls  and  vice  consuls  should 
be  appointed  in  all  the  ports.  My  countrymen  are  inces- 
santly applying  to  me,  from  every  quarter,  about  property 
taken  from  them.  I  am  desired  from  abroad,  to  claim 
such  property.  I  have  decidedly  refused  to  lend  my  name 
on  such  occasions  ;  because  I  am  certain,  that  I  should  be 
thereupon  represented  as  a  party  interested  ;  and  of  course 
my  representations  against  the  proceedings,  which  are  but 
too  frequent,  would  be  disregarded. 

On  the  twentieth  of  August  a  deputation  of  four  ship 
captains,  chosen  by  their  brethren  of  Bordeaux,  called  on 
me  with  a  representation  of  the  injustice  they  experienced 
in  being  prevented  from  sailing  with  their  cargoes,  &c. 

The  deputation,  as  is  natural,  had  flattered  themselves 
with  immediate  and  ample  redress.  It  was  my  duty  to 
moderate  their  expectations  and  to  explain  the  difficulties. 
Interest  is  often  blind  and  seldom  just.  My  moderation 
was  ill  suited  to  their  wishes  ;  and  my  letter  to  the  minis- 
ter, of  which  a  copy  is  enclosed,  seemed  to  them  rather  an 
abandonment  of  their  cause,  than  the  prosecution  of  the 
only  redress  which  appeared  to  me  attainable,  and  in  the 
only  way  by  which  it  might  be  effected.  I  had  caution- 
ed them  particularly  not  to  ask  too  much;  because  they 
would  thereby  run  the  risk  of  not  obtaining  what  the_\ 
asked;  or  if  they  should  obtain  it,  of  seeing  their  hopes 
blasted  in  the  bud.  by  a  repeal  of  an  indulgenl  decree;. 

A  decree  was  obtained,  and  before  ii  could  he  executed 
was  repealed.  Thus  it  has  happened  that  ihev  did  mis- 
bief.  without  ;an\  benefit  to  themselves. 


45  §  AMERICAN 


TRANSLATION. 

The  Minister  Plenipotentiary  of  the  United  Statts  of  Ame- 
rica to  the  Republick  of  France,  to  M.  Deforgues,  Minis- 
ter of  Foreign  Affairs.     Paris,  October  12,  1793. 

Sir, — I  have  the  honour  to  send  you  herein  enclosed, 
the  copy  of  a  letter,  which  has  been  addressed  to  me,  by 
citizen  Postic,  a  lawyer,  residing  at  Morlaix.  It  appears, 
that  in  the  proceedings  of  which  he  has  given  an  account, 
there  are  extraordinary  irregularities,  and  I  think  it  my 
duty  to  inform  you  of  them,  as  on  the  justice  of  tribunals 
eften  depends  the  salvation,  and  always  the  prosperity  of 
a  state. 

I  request  you  at  the  same  time,  sir,  to  permit  me  to 
make  two  general  observations  on  the  whole  of  this  busi- 
ness ;  one  of  which  applies  to  the  organization,  and  the 
other  to  the  proceedings  of  the  commercial  tribunals.  The 
referring  of  questions  on  sea  prizes,  to  these  tribunals,  ap- 
pears to  me  dangerous,  since  they  involve  the  interpreta- 
tion of  the  treaties,  and  the  application  of  the  law  of  na- 
tions :  consequently  of  peace  and  of  war.  Now  we  may 
be  permitted  to  entertain  some  doubt  as  to  the  knowledge 
of  the  judges,  and  we  ought  besides  to  fear,  lest  they  may 
"be  interested,  as  owners  of  privateers,  in  the  questions 
which  are  submitted  to  them. 

But  whatever  may  be  the  organization  of  the  tribunals, 
it  appears  to  me  essential,  sir,  that  in  their  proceedings 
they  should  receive  all  the  claims  which  may  be  made  to 
them  ;  that  they  should  even  invite  without  waiting  for  the 
authority  of  the  persons  interested,  who  are  often  at  the 
distance  of  one  thousand  leagues.  The  jurisdiction  of  the 
tribunals  within  whose  cognizance  are  the  questions  of 
prize,  is  in  rem.  They  take  possession  of  the  thing,  and 
by  that  means  render  themselves  responsible  for  it.  Now 
as  the  tribunals,  which  is  the  depository  of  the  thing,  ought 
not  to  dispossess  themselves  of  it,  without  a  formal  autho- 
ritative act  of  the  true  proprietor,  it  is  their  duty,  not  only 
to  admit,  but  also  to  seek  proofs,  which  may  establish  to 
whom  the  property  truly  belongs.  This  is  a  double  duty 
towards  the  neutral  proprietor,  and  towards  their  own  na- 
tion ;  for  every  government  which  permits  its  citizens  to 
fit  out  privateers,  arms  with  the  destructive  sword  of  war. 


STATE  PAPERS.  457 

hands  which  are  interested  to  extend  its  ravages,  and  ren- 
ders itself  responsible  for  the  abuses,  which  result  from  so 
dangerous  a  delegation  of  sovereignty.  For  the  purpose 
of  repressing  them,  the  admiralty  tribunals  have  been 
established  throughout  the  different  nations  of  Europe.  In 
these  tribunals,  the  government  furnishes  the  means  of 
information,  by  the  facility  with  which  it  admits  therein 
every  species  of  claim.  It  preserves,  by  appeals,  the 
right  of  deciding  in  the  last  resort  on  the  contests  which 
therein  arise  •,  and  it  gives  the  necessary  time  to  enlighten 
its  conscience  on  thorny  questions,  before  the  pronouncing 
of  a  sentence,  which  might  extend  or  prolong  the  hor- 
rours  of  Avar. 

These,  sir,  are  the  reflections  which  experience  has  dic- 
tated to  me.  They  daily  make  on  me  a  more  lively  im- 
pression on  account  of  the  claims  addressed  to  me  by  my 
countrymen,  of  which  I  have  communicated  to  you  but  a 
very  small  part.  I  always  send  to  the  tribunals  the  injured 
persons,  by  giving  them  the  most  positive  assurances  that 
fhey  will  there  obtain  complete  and  prompt  justice. 
I  have  the  honour  to  be,  &c. 

GOUV.  MORRIS. 


TRANSLATION. 

Extract  of  a  Letter  from  the  Minister  for  foreign  Affairs, 
to  Mr.  Morris,  Minister  Plenipotentiary  of  the  United 
States  of  America,  to  the  Republick  of  France,  dated 
Paris,  October  14,  1793,  2d  year  of  the  French  Re- 
public/:. 

The  extreme  rigour,  with  which  the  English  and  the 
other  belligerent  powers,  treat  all  the  neutral  vessels  des- 
tined for  France,  has  put  the  Republick  to  the  painful 
necessity  of  arresting  by  way  of  reprisal,  in  such  vessels 
the  provisions  belonging  to  its  enemies.  This  severe 
measure,  clearly  explained  in  the  decree  of  the  9fh  of 
May,  of  which  I  enclose  you  a  copy,  is  the  result  of  the 
most  imperious  circumstances — It  will  continue  only  as 
long  as  our  enemies  employ  against  us,  means  disapproved 
by  the  laws  of  humanity,  and  by  those  of  war.  In  casting 
your  eye  on  this  law,  you  can  hardly,  sir,  avoid  ihe  con- 
viction, that  it  was  necessary  And  Just  -.  that  the  Reptiblkk 
von.  j.  :>?> 


45S  AMRRICAST 

could  no  longer  without  inattention  to  itself,  preserve  tole- 
rable decency  towards  its  implacable  and  ferocious  ene- 
mies, and  that  the  system  of  depriving  them  of  foreign- 
produce,  was  also  to  dissipate  its  means  of  offence. 

In  comparing  this  law  with  the  declarations  made  by 
the  British  government,  at  Stockholm,  Copenhagen,  Flo- 
rence, and  probably  at  Philadelphia ;  you  will  observe  an 
extreme  difference,  between  our  manner  of  thinking  and 
that  of  our  enemies.  You  will  see  on  the  one  hand,  the 
firm  determination  of  destroying  several  millions  of  vic- 
tims, merely  to  satisfy  a  spirit  of  vengeance  or  of  ambition, 
and  on  the  other,  the  desire  of  repelling  unjust  aggressions 
by  severe  laws,  and  a  regret  at  being  reduced  to  tha^ 
extremity. 

Here  then,  sir,  in  two  words  is  the  situation  in  which 
the  Republick  stands.  Its  enemies  have  openly  usurped 
the  right  of  seizing,  all  the  provisions  which  are  destined 
to  it,  and  even  all  the  Frenchmen  found  on  board  of  neu- 
tral vessels.  But  it  seems  that  France,  attacked  on  all 
sides,  abandoned  to  its  own  strength,  without  allies,  with- 
out foreign  succour,  should  confine  herself  scrupulously 
to  the  maxims  of  the  law  of  nations,  so  cruelly  violated  by 
her  enemies.  Hence  it  would  result  that  the  neutrality 
of  several  powers  would  be  partial,  that  it  would  operate 
only  in  favour  of  our  enemies,  whose  commerce  would  be 
peaceably  carried  on  under  the  shelter  of  a  borrowed  flag, 
while  ours  could  not,  under  any  flag  whatever. 

The  law  of  the  9th  of  May,  is  conditional,  whilst  the 
declarations  of  the  combined  powers  are  positive.  It  is 
in  their  power  to  put  a  period  to  the  execution  of  this  law, 
by  permitting  neutral  vessels,  to  communicate  freely  with 
France- 

These  observations,  sir,  which  you  are  too  just  not  to 
appreciate,  apply  to  the  greater  part  of  the  claims,  which 
you  have  addressed  to  me  for  some  time.  I  have  done 
with  respect  to  several  of  them,  all  that  depended  on  me,  in 
order  to  obtain  in  favour  of  your  countrymen,  an  exception 
of  the  general  measures,  adopted  with  regard  to  neutral 
nations.  I  have  used  among  others,  all  the  means  with 
which  your  letters  furnished  me,  to  have  restored  the  ship 
Laurens ;  but  I  have  met  with  insurmountable  obstacles, 
in  the  established  laws,  and  in  the  opinion  of  the  commer- 
cial tribunal  of  Havre,     The  tribunal  has  neglected  no- 


STATE  PAPERS.  459 

thing  to  render  justice  to  the  owners  of  this  vessel.  It  has 
/Consented  among  other  things,  to  have  translated  361  let- 
ters, merely  to  prove  in  the  most  authentick  manner,  the 
property  of  the  cargo.  The  interested  have  besides  avow- 
ed themselves,  that  they  had  neglected  an  essential  for- 
mality required  by  our  laws. 

You  must  be  satisfied,  sir,  with  the  manner  in  which  the 
request,  presented  by  the  American  captains,  from  Bor- 
deaux, has  been  received.  This  fact,  and  several  others 
of  the  same  kind,  which  could  not  escape  your  attention, 
must  have  convinced  you,  that  when  the  particular  cir- 
cumstances of  the  Republick,  permitted  the  administration 
to  favour  your  countrymen,  it  was  eager  to  give  to  them, 
testimonies  of  the  desire  which  it  always  has  had,  of  bring- 
ing nearer  and  nearer  the  citizens,  and  the  interests  of  ihe 
two  countries. 

We  hope,  that  the  government  of  the  United  States, 
will  attribute  to  their  true  cause,  the  abuses  of  which  you 
complain,  as  well  as  other  violations  of  which  our  cruisers 
may  render  themselves  guilty,  in  the  course  of  the  present 
war.  It  must  perceive  how  difficult  it  is,  to  contain  within 
j u st  limits,  the  indignation  of  our  marines,  and  in  general 
of  all  the  French  patriots,  against  a  people  who  speaks  the 
same  language,  and  having  the  same  habits,  as  the  free 
Americans.  The  difficulty  of  distinguishing  our  allies 
from  our  enemies,  has  often  been  the  cause  of  offences, 
committed  on  board  your  vessels  ;  all  that  the  administra- 
tion could  do,  is  to  order  indemnification  to  those  who  have 
suffered,  and  to  punish  the  guilty. 

I  enclose  herein,  several  copies  of  the  navigation  act, 
decreed  by  the  representatives  of  the  people.  I  request 
you  to  make  the  dispositions  of  them  known  to  the  govern- 
ment of  the  United  States.  It  will  there  find  the  basis  of 
a  system  connecting  more  and  more  the  interests  of  the 
two  nations. 

DEFORGUES. 

P.  S.  I  enclose  herein,  sir,  an  arret  of  the  committer  of 
publick  safety,  which  fulfils  in  part,  the  object  proposed 
in  your  letter  of  the  13th  of  this  month.  I  shall  have  the 
honour  of  communicating  to  you,  the  measures  which  shall 
be  taken  in  the  sequel. 


460  AMERICAN 


TRANSLATION. 

The  Minister  Plenipotentiary  from  the  United  States  of  Arne* 
rica  to  the  Republick  of  France,  to  Monsieur  Deforgues, 
Minister  of  Foreign  Affairs.     Paris,  October  19,  1793. 

Sir, — The  attention  which  several  pressing  affairs  re- 
quired, made  it  impossible  for  me  sooner  to  answer  the  letter 
which  you  did  me  the  honour  of  writing  to  me  on  the  14th. 
I  have  examined,  with  respectful  care,  the  decree  of  the 
9th  of  May,  emanating  from  the  conduct  of  your  enemies, 
and  supported  by  some  reasons  to  which  you  have  given 
their  greatest  lustre.  It  is  possible,  sir,  that  the  difference 
of  our  position  leads  us  to  see  the  same  object  in  a  diffe- 
rent manner.  But  although  I  cannot  be  of  your  opinion, 
I  do  not  intend  farther  to  discuss  the  considerations  which 
have  produced  the  decision  of  the  French  government.  I 
confine  myself  to  the  rendering  of  a  faithful  account  of  it  to 
the  government  of  the  United  States,  and  I  am  persuaded 
that  in  considering  them,  liberal  friendship  will  put  in  the 
balance  the  difficulties  of  a  revolution,  and  of  a  war  with- 
out example.  I  ought,  however,  to  observe  to  you,  sir, 
that  the  question  does  not  appear  to  me  to  turn  on  the  law 
of  nations,  but  on  an  exception  to  that  law,  by  the  stipu- 
lations of  a  treaty.  This  treaty,  in  derogating  from  this 
law,  in  favour  of  merchandises  of  your  enemies  found  in 
our  vessels,  has  derogated,  in  like  manner,  from  it,  to  the 
prejudice  of  our  merchandises  found  in  the  vessels  of  your 
enemies.  We  have  seen  at  Philadelphia  the  publick  sale 
of  a  cargo,  the  property  of  one  of  our  citizens,  taken  by  a 
French  privateer  on  board  an  English  vessel.  All  oppo- 
sition was  of  no  avail,  because,  according  to  the  constitu- 
tion, our  treaties  are  the  supreme  law  of  the  land.  You 
will  agree,  sir,  that  it  is  hard  for  my  fellow  citizens  not  to 
have  the  advantage  either  of  the  treaty  or  of  the  law  of 
nations — to  lose  their  merchandises  by  the  treaty,  and  not 
to  be  able  to  compensate  themselves  for  it,  under  the  pro- 
tection of  this  same  treaty,  by  the  freight  of  enemy  mer- 
chandises. In  comparing  the  facts  of  the  same  epoch,  you 
will  be  amazed  on  seeing  what  passed  at  Paris  and  al. 
Philadelphia.  Your  good  sense  will  lead  you  to  antici- 
pate the  claims  of  our  merchants,  and  the  insinuations  of 
our  enemies. 


STATE  PAPERS.  461 

The  foregoing  are  true  translations  and  copies  of  the 
originals  on  file  in  the  office  of  the  department  of  state. 
GEO.  TAYLOR,  Jun.  Chief  Clerk. 
January  16,  1794. 


TRANSLATION. 

NATIONAL    CONVENTION. 

Report  upon  the  Navigation  Act,  made  in  the  name  of  thtf 
Committee  of  Publick  Safety.  By  B.  Barrere.  With 
two  Decrees  passed  in  the  session  of  the  21st  Septem- 
ber, the  2d  year  of  the  French  Republick,  one  and 
indivisible. 

Printed  by  order  of  the  Convention,  transmitted  to  the  De- 
partments and  to  the  Armies,  and  translated  into  all- 
Languages. 

Citizens, — It  was  on  the  21st  September,  1792,  that 
the  Convention  proclaimed  the  liberty  of  France,  or  rather 
the  liberty  of  Europe. 

It  is  on  the  same  day,  the  21st  September,  1793,  that 
the  Convention  should  proclaim  the  liberty  of  commerce, 
or  rather  the  liberty  of  the  seas. 

It  is  not  sufficient  for  you  to  have  founded  the  political 
republick — it  remains  for  you  to  found  the  commercial 
republick.  The  English  navigation  act  was  formed  in 
the  midst  of  a  monarchical  revolution ;  it  bears  the  im- 
pression of  the  despot  who  created  it.  The  French 
navigation  act  will  be  decreed  in  the  midst  of  a  demo- 
cratick  revolution ;  it  will  bear  the  impression  of  liberty 
and  equality,  which  produced  it. 

If  the  French  nation  had  resolved  to  give  itself  a  navi- 
gation act,  or  to  destroy  the  treaty  of  commerce  of  1737. 
Finland  would  have  declared  against  her  a  terrible  war. 

Kngland  has  put  herself  at  the  head  of  a  coalition  of 
tyrants,  to  destroy  our  liberty  5  and  from  that  momeni 
Fiance  has  acquired  the  right  of  supporting,  with  her 
cannon  and  her  bayonet,  the  abolition  of  the  treaty  of 
commerce,  and  the  establishment  of  a  navigation  net. 

These  advantages  are  the  first  fruits  of  this  war;  the 
establishment  of  liberty,  the  prosperity  of  the  Republick, 
and  the  reanimation  of  commerce,  will  be  the  result  of  it. 


465  AMERICA* 

The  treaty  of  commerce  being  destroyed  by  a  decree, 
will  create  an  enormous  barrier  in  the  channel  between 
France  and  Great  Britain.  Nothing  then  remains,  but  to 
knock  down  the  intermediate  obstacles  created  by  Eng- 
land, between  France  and  the  other  powers. 

The  following  are  our  means  : 

For  a  century  and  a  half,  a  navigation  act,  bearing  the 
stamp  of  the  soul  of  the  usurper,  Cromwell,  has  estab- 
lished and  secured  the  maritime  tyranny  and  commercial 
prosperity  of  England. 

For  a  century  and  a  half,  the  famous  British  navigation 
act,  founded  without  regard  to  the  rights  and  interests  of 
nations,  offers  a  series  of  laws  injurious  and  invasive  of 
the  property  of  every  people. 

The  law  writers  of  Europe  had  proclaimed  this  truth ; 
the  policy  of  France  had  not  suspected  it.  The  constitu- 
ent assembly,  more  occupied  in  destroying,  than  in  creat- 
ing, neither  thought  of  the  French  Republick  nor  of  the 
liberty  of  the  seas.  A  ridiculous  predilection  for  England, 
a  ruinous  and  disgraceful  commercial  treaty,  purchased 
from  the  ministers  of  Capet,  had  enslaved  us.  The  po- 
litical views  of  the  cabinet  of  London,  with  regard  to  us, 
prevailed  entirely  in  the  workshops  of  manufacturers  and 
in  the  counting  houses  of  our  merchants.  In  the  commis- 
sioners of  the  customs,  the  artists  in  metallurgy,  the  dealers 
in  the  colonial  products,  and  the  carriers  of  the  East  India 
stuffs — behold  our  real  masters. 

The  coasting  trade,  that  active  school  of  our  seamen, 
that  second  basis  of  our  navigation,  that  source  of  riches 
to  Holland,  far  from  being  inhibited  to  foreigners,  as  is 
die  case  in  England,  has  been  carried  on  by  foreigners. 

The  navigation  of  the  colonies,  infinite  in  its  detail, 
immense  by  the  extent  which  it  gives  to  our  commerce, 
rhis  navigation;  equally  interesting  to  the  husbandman 
and  the  artist,  the  manufacturer  and  the  seaman,  the  rich 
nnd  the  poor — The  navigation  of  the  colonies,  which 
enlivens  our  seaports,  and  gives  motion  to  all  the  works 
of  industry,  was  participated  in  by  foreigners,  and  wc 
were  calm  spectators. 

The  national  marine,  which  grows  out  of  ship  building 
and  the  fishery,  has  been  destroyed  by  the  decree  regard- 
ing foreign  vessels  as  merchandise,  and  allowing  them  to 
be  purchased;  it  lias  been  destroyed,  by  the  discourage- 


.&TATB    PAPER.?.  4G> 

ment  of  the  fishery  among  us,  and  weakened  for  the  want 
of  succour,  of  premiums,  and  of  the  means  which  might 
triple  our  equipments  for  the  fishery,  and  form  of  it  a 
species  of  secondary  agriculture,  as  more  than  300  vessels 
might  be  employed  each  year,  and  replace  the  three  mil- 
lions of  salted  fish,  which  fraud  or  foreign  commerce  an- 
nually introduce  into  France. 

Finally,  foreigners,  more  especially  the  English,  have 
made  themselves  masters  of  our  navigation,  with  capitals 
known  by  the  name  of  francisations  simvlees  (operations 
consisting  in  covering  with  the  French  flag,  and  enriching 
with  French  premiums,  the  capitals  and  fortunes  of  the 
English)  because  we  have  neglected  to  establish,  our- 
selves, the  English  law,  which  acknowledges  and  admits 
to  the  advantages  of  navigation  only  vessels  built  and 
owned  within  the  nation. 

Let  us,  in  fine,  strike  at  the  francisations  simriUcs.  We 
have  laid  an  embargo  on  the  English  vessels  found  in  our 
ports  at  the  commencement  of  the  war — Here  is  an  em- 
bargo more  just  and  more  useful  to  the  prosperity  of 
France — it  is  the  completion  of  the  navigation  act — it  is 
the  seizing  of  and  confiscating  to  the  benefit  of  the  Repub- 
lick,  all  vessels  belonging  to  the  English,  under  a  French 
flag,  that  is  to  say,  those  which  are  purchased  and  built 
with  English  capitals,  and  with  a  view  to  defraud  us  of 
our  premiums  and  of  our  duties,  under  the  name  of  a 
French  merchant — of  a  French  captain. 

Our  cruisers  are  destined  to  attack  the  English  flag  on 
the  seas,  and  yet  our  avarice  lends  the  French  flag  to  the 
navigation  and  commerce  of  England. 

Despotism  itself  had  felt  this  injury  of  our  maritime 
commerce.  It  had  prohibited  it  at  several  epochs ;  but 
these  numerous  laws  were  not  executed,  because  they 
allowed  no  reward  to  the  informer  of  these  simulations  of 
capitals.  It  is  necessary  to  give  to  the  informer,  a  part 
of  the  value  of  the  foreign  capitals,  employed  in  the/m/i- 
cisation$  ximulees  in  order  to  obtain  success  to  this  mea- 
sure) and  to  carry  into  execution  our  prohibitory  laws  on 
this  subject.  This  has  been  objected  to,  as  an  immoral 
measure.  No,  there  is  no  immorality  in  ruining  those 
who  starve  us,  who  ruin  us,  those  who  wish  to  tear  from 
us  our  liberty-  and  to  devour  the  fruits  of  our  brilliant 
revolution. 


464  American 

The  constituent  assembly  bequeathed  to  the  first  legis- 
lature too  long  a  project  of  a  navigation  act.  This  legacy 
could  not  be  improved  by  a  legislative  assembly  more  oc- 
cupied in  demolishing  the  throne  of  the  Capet  family, 
than  in  attacking  the  sceptre  of  the  family  of  Hanover. 
But  the  time  for  this  last  is  arrived. 

We  are  at  length,  at  the  period  of  being  able  to  pro- 
claim the  liberty  of  the  seas,  after  having  proclaimed  that 
of  men,  and  of  the  country. 

Already,  on  the  29th  of  last  May,  the  committee  of 
publick  safety  in  their  report  presented  to  you  the  neces- 
sity of  publishing  a  French  navigation  act,  as  a  means  of 
regenerating  our  navigation,  of  reviving  our  commerce, 
encouraging  ship  building,  of  increasing  the  fishery,  of 
doubling  our  carrying  trade,  by  destroying  the  interme- 
diate freights,  and  the  interference  of  all  indirect  naviga- 
tion in  the  maritime  transportation  of  the  commodities  we 
exchange  with  foreign  nations. 

This  proposition  was  highly  applauded.  You  were 
then  sensible,  that  after  having  formed  the  political  con- 
stitution, and  after  having  prepared  the  moral  constitu- 
tion, by  publick  education,  you  should  still  form  the  mari- 
time and  commercial  constitution,  by  a  navigation  act. 

The  commercial  and  marine  committee  presented  to 
you  a  project  of  it,  through  citizen  Marec,  the  3d  of  July 
last ;  it  was  scarcely  discussed :  an  adjournment  was  the 
result  of  two  discourses  founded  upon  objections,  of  the 
frivolity  of  which  the  authors  themselves  have  been  sen- 
sible. It  was  feared,  at  that  epoch,  that  the  navigation 
act  would  injure  the  commercial  relations  with  the  neutral 
powers,  as  if  the  time  of  war  and  of  neutrality  did  not 
form  an  inevitable  and  a  rightful  exception ;  as  if  Sweden 
had  not,  in  the  regulations  of  her  customs,  a  sort  of  navi- 
gation act,  by  her  rates  of  duties  on  merchandises  im- 
ported into  Sweden,  in  foreign  vessels  ;  as  if  the  French 
act  of  navigation  were  not  a  new  commercial  army  op- 
posed to  the  commercial  army  of  England,  for  the  benefit 
of  other  navigating  nations ;  finally,  as  if  all  other  gov- 
ernments, all  nations,  were  not  strongly  interested  in  the 
downfal  of  the  English  navigation  act,  and  in  the  repos- 
session of  the  natural  rights  of  commerce  and  navigation, 
by  every  people  in  Europe.     Let  us  then  this  day  pro- 


STATE  PAPERS.  4G5 

claim  a  law,  securing  those  equal  rights  on  the  seas  to 
which  the  nations  with  whom  we  are  at  peace  are  entitled. 

Americans  J  Swedes,  Danes,  Genoese,  Venetians,  all  you 
who  have  had  the  wise  and  useful  firmness  of  resisting  the 
perfidious  insinuations,  and  the  insolent  threats  of  the 
English,  and  of  our  other  enemies,  you  who  have  not 
wished  to  interrupt  your  commercial  relations  with  a  free 
people,  receive  this  solemn  act  of  French  gratitude.  Our 
enemies  of  Great  Britain,  and  of  the  Dutch  marshes,  shall 
be  no  longer  the  agents,  or  rather  the  masters  of  our 
commerce  with  you.  Here  is  the  decree  so  much  de- 
sired for  the  exclusion  of  intermediate  navigators.  This 
solemn  navigation  act  is  about  being  published  in  all  the 
ports  of  France,  and  sent  to  the  friendly  or  neutral  pow- 
ers ;  and  this  act  of  commercial  independence  pronounced 
by  the  French  republicans,  shall  neither  be  revoked  or 
destroyed  by  pur  enemies,  till  they  have  beaten  down  the 
tri-coloured  Hag  now  waving  above  this  enclosure  on  the 
summit  of  the  national  hall.  This  is  saying  enough  on 
what  shall  be  the  duration  of  the  navigation  act. 

Before  you  are  presented  with  the  rapid  picture  of  the 
immense  advantages  of  the  navigation  act,  and  its  influ- 
ence on  the  national  prosperity,  1  should  show  you  the 
terrible  stroke  it  will  give  to  the  maritime  empire  usurped 
by  Great  Britain ;  the  still  more  terrible  stroke  it  must 
give  to  her  industry,  her  commerce,  her  navigation,  her 
fabricks,  her  manufactures,  at  the  same  time  that  it  will 
awaken  other  nations — call  forth  other  governments  to 
repossess  themselves  of  their  advantages,  and  take  again 
on  the  tempestuous  element  and  of  commerce,  the  impre- 
scriptible rights  which  genius,  the  compass,  and  their 
topographical  situation  have  assigned  them. 

Legislators,  this  is  not  a  reprisal,  it  is  not  a  hostile 
measure,  it  is  not  an  exercise  of  the  right  of  war  that  I 
propose ;  it  is  a  declaration  of  the  rights  of  nations,  it  is 
the  restitution  of  a  natural  inheritance,  usurped  by  ambi- 
tious islanders. 

Doubtless  if  it  were  necessary  to  have  motives  and  con- 
siderations of  a  national  kind  to  induce  us  to  thunder  againsl 
these  usurpers  of  the  seas,  in  order  to  punish  these  shop- 
keepers of  Europe,  to  ruin  these  engrossers  of  subsistences, 
and  to  wither  these  dealers  of  kings  and  royal  constitutions, 
it  would  be  sufficient  for  us  to  present  to  France,  now  free. 
vol.   t.  .59 


4Qt>  AMERICAN 

the  hideous  picture  of  the  crimes  of  the  British  cabinet  • 
they  are  known.  These  are  they : — 

Who  has  meditated  the  destruction  of  neutral  naviga- 
tion, which  was  always  respected  by  the  English  govern- 
ment? 

Who  has  sent  ambassadors  to  Genoa,  to  Venice,  to  Na- 
ples, to  require,  to  command  war  against  the  French,  to 
put  a  stop  to  all  communication  with  her? 

Who  has  insulted,  infringed  upon  the  flag  of  friendly  na- 
tions, for  the  purpose  of  seizing  the  provisions,  destined 
for  a  people,  which  they  wished  to  starve,  in  order  to  en- 
slave ?  It  is  the  English  government. 

Who  has  laboured  to  engross  around  us,  all  the  sub- 
sistences of  America,  of  India,  and  of  Europe,  for  the 
purpose  of  treating  the  French,  as  in  1783  Lord  Clive 
treated  the  East  Indians,  to  reduce  them  to  the  most  absurd 
tyranny  ? 

Who  has  had  the  baseness  to  offer  us  bread  with  chains, 
subsistence  with  a  king,  the  means  of  supporting  life  un- 
der a  devouring  constitution  ?  It  is  the  British  government. 

Who  have  roved  incessantly,  like  highwaymen,  round 
our  ports  to  offer  provisions  to  the  slaves  who  would  ac- 
cept the  shameful  condition  of  having  a  king,  and  who 
would  also  debase  themselves  so  far  as  to  receive  an  Eng- 
lish, or  Hanoverian  king  ? 

Who  has  dared  to  attack  Dunkirk,  with  all  the  most  des- 
tructive inventions  of  war,  in  order  to  recall  to  our  remem- 
brance the  English  commissary,  who  under  the  dastardly 
monarchy  prohibited  us  from  laying  one  stone  upon  an- 
other, and  for  the  purpose  of  obtaining  the  foot  of  usurpa- 
tion on  the  continent  of  Europe  ? 

Who  has  endeavoured  to  sow  division  among  the 
French,  even  among  the  patriots,  with  a  cool  and  execrable 
calculation,  by  diffusing  gold  and  corruption  through  com- 
missaries under  the  mask  of  patriotism  ? 

Who  has  disseminated  in  our  cities,  even  in  our  popu- 
lar societies,  those  political  corruptors,  or  rather  infamous 
agents  of  a  still  more  infamous  English  ministry  ?  The 
British  government. 

Who  has  opened  in  the  bosom  of  the  Republick,  a  con- 
suming wound,  a  second  Vendee,  a  civil  war  nourished  by 
secret  agents,  who  in  the  midst  of  our  departments  calcu- 
lated the  expenses,  the  means,  and  die  progress  of  it  ? 


STATE    PAPERS.  46f 

Who  has  set  loose  upon  our  country,  plunderers,  refrac- 
tory priests,  and  emigrant  traitors  ?  Who  has  purchased 
with  gold,  a  part  of  our  garrisons,  corrupted  the  citizens 
and  the  generals  ?  Who  has  thrown,  by  assignats  and  in- 
trigues, into  our  fifteen  battalions  of  the  second  levies  of 
Paris,  those  dregs  of  Piedmontese,  Germans,  Genoese,  Ne- 
apolitans, the  scum  of  foreign  countries,  for  the  purpose 
of  betraying  our  armed  brothers,  and  of  garnishing  if  they 
had  been  able,  the  Parisian  name,  the  first  which  has  been 
Utitten  by  the  hand  of  liberty,  in  the  sacred  annals  of  the 
revolution  ?  Who  has  so  liberally  supplied  the  villains  of 
the  Vendee  with  muskets,  powder,  cannon  on  which  are 
written,  the  names  of  those  mercantile  tyrants  of  Europe  ? 
The  British  government. 

Who  has  bought  over,  and  seduced  the  guardians  of  a 
seaport,  belonging  to  the  Republick,  and  thrown  into 
fanaticism  the  people  of  Toulon,  in  order  to  annihilate  our 
marine,  and  to  destroy  the  inhabitants  of  that  beautiful 
city  ? 

Who  has  inundated  with  floods  of  corrupting  gold,  an 
opulent  and  industrious  town,  which  they  have  instigated 
to  rebellion,  in  order  to  force  us  to  destroy  with  our  own 
hands,  this  theatre  of  arts,  and  of  the  finest  manufactures 
of  Europe,  and  then  to  possess  themselves,  of  the  trade  of 
silks  of  Piedmont,  to  ruin  our  industry,  to  invite  our  work- 
men over  to  them,  and  to  rob  us  even  of  our  genius  for 
the  manufacturing  arts  to  which  Europe  had  become  tri- 
butary ? 

Who  have  betrayed  the  interests  of  their  own  nation  to 
make  war  on  a  people  who  would  have  gloried  in  their  es- 
teem, and  a  more  intimate  alliance  with  them  ?  This  crime 
was  reserved  for  the  British  government. 

Citizens,  the  hatred  of  kings  and  of  Carthage  founded 
the  constitution  of  the  Roman  reyihlick  ;  the  hatred  of 
kings,  of  the  emigrants,  of  the  nobles,  and  of  the  English, 
must  consolidate  the  French  constitution. 

Let  the  spectacle  of  so  many  crimes  rouse  Europe  from 
her  lethargy ;  let  the  governments  which  are  slaves  to 
England  cease  to  slumber,  and  let  them  at  last  perceive, 
near  them,  the  precipice  opened  by  that  corrupting  and 
corrupted  government,  who  buy  and  sell  men,  cities,  and 
ports,  as  we  traffick  In  vile  cattle,  who  are  stockjobbers 
of  people,  as  the  financiers  of  the  Rue  Vivienne  are  stock- 


4C£  AMERICAN 

jobbers  of  paper  ;  who  sport  with  governments  as  the  ne- 
gro merchant  sports  with  the  inhabitants  of  Guinea,  and 
who  would  wish  to  traffick  in  the  political  constitutions  of 
Europe,  as  they  do  in  the  merchandises  extorted  from 
India. 

Let  the  nations  of  the  north,  above  all,  hearken  to  the 
voice  of  the  National  Convention  of  France. 

Here  is  the  secret  of  the  English. 

To  annihilate  the  maritime  powers  by  the  means  of  one 
another,  the  French  navy  by  that  of  Spain,  and  then  the 
Spanish  navy  when  cut  off  from  the  assistance  of  that  of 
France  ;  Holland  belongs  to  them,  the  Dutch  are  the  slaves 
of  England.  As  to  the  marine  of  the  North,  the  commer- 
cial vessels  of  the  northern  nations,  from  Holland  as  far 
as  Russia,  must  pass  through  the  channel,  which  is  between 
Dunkirk  and  the  English  coasts,  and  consequently  it  is  of 
importance  to  England,  to  have  ports  on  each  side  of  this 
strait.  The  atrocious  audacity  with  which  she  has  seiz- 
ed vessels,  belonging  to  the  northern  powers  must  demon- 
strate to  all  nations,  how  much  her  designs  augment  their 
dangers,  and  menace  the  safety  of  their  commerce,  for 
time  present  and  to  come. 

Frenchmen,  Europeans,  neutral  powers,  northern  na- 
tions, you  have  all  the  same  interest  as  ourselves,  in  the 
salvation  of  France.  Carthage  agitated  Italy,  London 
agitates  Europe  ;  it  is  a  wolf  placed  on  the  side  of  the 
continent  to  devour  it ;  it  is  a  political  excrescence  which 
liberty  has  undertaken  to  destroy. 

The  navigation  act,  that  we  propose,  is  the  effectual 
and  true  means  of  attaining  that  object ;  it  is  founded  on 
the  rights  of  each  nation  ;  it  is  founded  in  your  most  evi- 
dent and  incontestable  interest :  it  is  founded  upon  the 
most  imperious  duties  of  the  National  Convention,  that  of 
establishing  the  prosperity  of  France,  and  destroying  the 
Republick's  most  mortal  enemies. 

Let  us  then  take  a  cursory  view,  of  the  advantages 
which  call  for  the  promulgation  of  the  navigation  act. 
They  are  to  aggrandize  our  commercial  system,  less  to 
repel  the  industry  of  England,  than  to  substitute  our  own 
in  its  stead,  to  multiply  our  means  of  navigation,  to  create 
an  astonishing  marine,  and  to  tell  to  every  nation  that  they 
should   communicate   directly   with   France,   is  only  to 


STATE    PArERS.  469 

present  a  general  view  to  them ;  I  pass  to  more  direct 
advantages. 

From  1651,  when  the  English  navigation  act,  passed,  all 
their  merchants,  all  their  politicians,  all  their  economists, 
Child,  Sheffield,  even  Smith  himself  agree  that  it  is  to  this 
act,  that  England  owes  the  prosperity,  the  superiority  of 
her  marine.  This  opinion  has  been  examined,  several 
times  in  France,  by  the  citizen  Ducher,  who  has  present- 
ed to  us  his  ideas  on  this  important  subject.  The  exam- 
ple has  been  given,  experience  is  had,  and  nature  offers  to 
you  an  immense  population  with  an  army  of  intrepid  sea- 
men— enormous  capitals — great  forests — with  assured  re- 
lations in  the  north,  with  iron  mines — with  your  woods  of 
Corsica — your  numerous  ports — with  your  colonies,  with 
your  manufactures,  two  hundred  leagues  of  coasts  to  popu- 
late by  shipping — and  the  two  seas  to  traverse  in  ;  such 
then  is  the  act  of  navigation  decreed  by  nature — it  is  your 
province  to  decree  the  act  of  navigation,  which  policy  and 
commerce  require. 

The  first  advantage.  France  should  discourage  all 
second  hand  commerce  carried  on  by  other  than  her  own 
vessels. 

It  is  a  direct  commerce  that  we  must  have,  and  it  is  this 
kind  of  commerce,  that  England  owes  to  her  navigation 
act. 

It  would  be  humiliating  to  France  ;  it  would  be  declar- 
ing her  impolitick  and  impotent,  were  she  to  receive 
commercial  objects  by  any  other  vessels  than  those  of  the 
country  which  has  manufactured  or  produced  them.  By 
this  means  you  will  attract  to  your  ports,  and  be  enabled 
to  form  useful  connections  with  other  nations.  I  will  cite 
to  you  but  one  plain  example.  Why  is  there  in  the  ports 
of  London,  Plymouth,  Liverpool,  more  American  vessels 
than  in  the  ports  of  France  ?  It  is  because  we  do  not  im- 
port in  our  own  vessels,  or  those  of  the  United  States  of 
America,  the  rice,  tobacco,  potashes,  oils,  and  other  arti- 
cles of  their  growth.  Why  is  there  in  the  Thames  more 
American  vessels  laden  with  grain  and  (lour,  than  in  our 
Atlantick  ports  ?  Because  Neckar  and  Roland  purchased 
at  second  hand,  and  seemed  to  be  instructed  to  support  the 
English  commercial  system,  instead  of  purchasing  directly 
from  thr  United  States  of  America. 


470  AMERICAN 

We  have  left  to  the  English  the  care  of  going  to  seek  or 
to  receive  for  us  the  tobaccoes  of  Virginia,  and  the  rice  of 
Carolina,  as  well  as  the  grain  of  Pennsylvania,  giving  them 
the  first  profit.  The  English  make  payment  with  their 
manufactures — which  is  giving  them  the  second  profit. 
We,  Frenchmen,  purchase  these  tobaccoes  and  rice  from 
the  hands  of  the  English,  for  specie,  or  at  an  enormous 
price  in  assignats,  which  they  speculate  with  on  ourselves 
— giving  them  here  a  third  profit.  A  direct  navigation, 
embraced  by  the  navigation  act,  will  restore  to  you  all 
these  advantages  and  rights. 

As  though  it  was  not  enough  to  purchase  at  second 
hand,  we  did  not  carry  even  our  own  merchandises.  The 
mercantile  marine  of  England  was  in  our  pay,  and  by  us 
continued  in  it.  A  navigation  act  will  destroy  this  abuse, 
and  reinstate  us  in  the  receipt  of  these  profits,  impolitical- 
\y  lavished  on  the  English  and  Hollanders. 

Are  we  then  without  seamen  and  without  marines,  or 
rather  have  not  our  seamen,  our  merchants,  a  right  to  re* 
proach  us  with  their  misery,  and  to  obtain  from  us  the  pre- 
ference to  perfidious  foreigners  ?  Let  us  secure  to  our 
marines  their  occupations — suffer  not  the  inhabitants  of 
Amsterdam  to  fish  and  navigate  for  you  any  longer ;  nor 
let  the  English  spin  longer  for  our  use,  the  wools  and 
cottons  which  they  purchase  even  in  our  ports. 

Let  foreigners  no  longer  bring  that  which  our  fellow 
citizens  can  fabricate  and  transport  as  well  and  better  than 
they.  Then  would  you  have  numerous  artisans,  manufac- 
tures brought  to  perfection,  your  ports  filled  with  shipping 
and  marines.  Let  us  prohibit  all  iraffick  on  our  frontiers, 
and  cherish  our  navigation. 

Let  false  alarms  cease,  by  considering  that  our  naviga- 
tion wil]  always  be  sufficient,  when  joined  to  that  of  the 
states  from  whom  we  shall  draw  productions,  if  our  ves- 
sels, and  those  of  the  Americans  can  bring  us  tobacco  for 
our  consumption — why  suffer  the  English  to  come  in  as  a 
third  party  in  the  transportation  of  it  1  If  our  vessels  and 
those  of  Spain  are  sufficient  to  bring  her  wools,  why  per- 
mit a  Hollander  to  come  and  transport  them,  and  thereby 
render  ourselves  tributary  to  him  ?  And  admitting  that  our 
navigation  should  in  the  first  instance  prove  insufficient. 
the  proposed  act  will  induce  that  of  other  nations  to  come 
directly  to  us,  and  we  shall  endeavour  ourselves  to  make 


STATE   PAPERS-  471 

our  own  sufficient,  by  accelerating  the  progress*  of  ship- 
building. There  is  no  other  means  than  under  the  patron- 
age of  this  important  act,  by  which  our  marine  can  rise 
to  that  degree  of  value  and  activity,  which  the  destinies 
of  France  may  require. 

Second  advantage.  Here  the  national  constitution  pre- 
sents to  you  all  the  riches  which  it  ought  to  secure  to  us. 
Are  we  not  yet  weary  of  being  the  tributaries  of  foreign 
industry,  of  shamefully  being  the  supporters  of  the  vessels 
of  our  atrocious  and  laborious  neighbours  ?  Shall  we 
never  become  tired  of  giving  subsistence  to  their  seamen, 
of  seeing  our  most  cruel  enemies  plough  the  ocean  at  our 
expense,  and  rendering  us  the  slaves  of  the  luxury  and 
trinkets,  which  their  industrious  avarice  induces  them 
incessantly  to  fabricate  for  France  ? 

You  are  desirous  of  having  a  marine,  for  without  a  ma- 
rine there  can  be  no  colonies ;  and  without  colonies  there 
can  be  no  commercial  prosperity  :  Then,  in  order  to  have 
such  a  marine  as  is  necessary  for  the  most  astonishing  re- 
publick  that  ever  existed,  we  must  have  vessels  ;  further, 
we  must  build  them  ;  still  further,  we  must  have  seamen,  and 
the  fisheries  furnish  them. — The  fisheries  and  shipbuilding 
are  the  cradle  of  the  marine.  The  English  have  expe- 
rienced this  150  years,  and  their  marine  is  the  most 
brilliant. 

To  force  shipbuilding,  is  to  create  that  rare  and  valua- 
ble reunion  of  men  and  artificers,  by  whose  hands  are 
produced  new  or  repaired  vessels. 

To  force  shipbuilding,  is  to  establish  shipyards — is  to 
form  magazines — to  multiply  useful  hands — to  produce 
artists  and  workmen  of  every  kind,  who  may  be  found  at 
once  for  the  peaceable  speculations  of  commerce,  and  for 
the  terrible  wants  of  war. 

To  force  shipbuilding  at  home,  is  to  augment  naviga- 
tion, by  the  necessity  of  seeking  timber,  cordage,  and  the 
other  matters  necessary  in  various  parts  of  France,  or  for 
the  foreigner ; — -is  to  increase  the  vessels  for  transporta- 
tion ;  is  to  augment  the  number  of  sailors  ;  is  to  augment 
among  us  the  benefits  of  freight;  is  to  centuple  our  ex- 
changes, our  commercial  relations  and  our  profits ;  is  to 
diffuse  the  tri-coloured  flag  over  all  sen-;. 

For  a  navigating  people  to  purchase  its  marine  abroad, 
would  be  a  strange  speculation,  ns   the  marine  would  :;J. 


472  AMERICAN 

ways  be  dependent  on  the  merchants  furnishing  them ! 
That  of  placing,  as  a  reserve,  with  a  foreign  nation,  or  in 
a  foreign  shipyard,  the  carpenters,  blacksmiths,  caulkers, 
sailmakers,  and  the  vessels  of  a  nation,  would  be  a  singular 
commercial  combination !  We  must  therefore  then  build 
them  for  ourselves.  The  navigation  act  acknowledges, 
and  privileges  only  those  constructed  in  France,  or  in  her 
possessions.  The  navigation  act,  then,  will  retrieve  our 
marine,  and  rescue  it  from  depending  any  longer  on 
foreigners. 

In  1 747,  the  Hollanders,  entrusted  with  supplying  the 
military  marine  of  France,  obliged  to  enter  their  ports  all 
the  vessels  from  the  Baltick  and  the  North,  laden  with 
such  naval  stores  as  they  had  agreed  with  the  French 
minister  to  bring  us.  A  war  took  place,  and  the  Holland- 
ers immediately  forced  into  their  ports  the  raw  materials 
essentially  necessary  for  our  marine,  and  our  ports  were 
destitute  of  shipping.  Will  you  then  always  depend  on 
foreigners,  on  their  avaricious  and  political  speculations  ? 

Purchasing  foreign  vessels,  is  paying  an  enormous  im- 
post to  foreigners ;  is  proscribing  our  shipyards,  ruining 
our  workmen.  Let  us  purchase  the  raw  materials,  let 
our  ports  be  open  to  them,  let  those  who  produce  these 
materials  bring  them,  or  let  us  go  for  them ;  this  would 
secure  to  us  every  species  of  naval  wealth :  Behold  the 
production  of  a  navigation  act. 

To  purchase  foreign  vessels,  is  exposing  ourselves  to 
have  a  bad  marine,  of  little  solidity,  illy  constructed,  and 
of  doubtful  materials,  or  of  short  duration :  such  is  the 
fruit  of  experience,  attested  by  our  marines.  To  form 
our  marine,  is  to  create  an  owner  interested  in  its  dura- 
tion :  This  is  the  effect  of  a  navigation  act. 

To  carry  on  ourselves,  our  carrying  trade,  is  to  concert 
within  ourselves  its  advantages, — is  to  employ  national 
transports,— is  to  f6rce  shipbuilding, — is  to  form  sailors : 
Behold  the  production  of  a  navigation  act. 

To  render  more  flourishing  the  only  useful  marine,  that 
which  merits  the  most  attention  of  a  republick,  and  which 
constitutes  its  real  strength,  the  marine  of  the  carrying 
irade,  which  transports  without  any  noise,  subsistence 
and  the  necessaries  of  life  from  one  coast  to  another,  and 
which,  modest  as  benevolent,  exposes  not  the  life  of  the 
men  employed  in  it,  and  knows  no  other  enemies  than  the 


4TATE    PAPERS.  473 

financial  rapacity  which  you  have  destroyed,-r-to  favour 
the  carrying  trade  :  Behold  the  production  of  a  naviga- 
tion act. 

To  carry  on  ourselves  the  navigation  of  the  colonics,  is 
to  profit  by  the  abolition  of  the  customhouses  ;  is  to  aug- 
ment the  resources  of  the  marine ;  is  to  secure  to  us  an 
important  navigation  ;  is  to  secure  to  us  valuable  returns 
which  will  nourish  our  commerce  with  foreigners :  Be- 
hold the  production  of  a  navigation  act. 

To  make  a  navigation  act,  is  to  favour  our  India  com- 
merce, is  to  augment  that  of  the  north,  to  re-animate  that 
with  the  Isle  of  France,  to  augment  our  relations  with  the 
states  of  America,  to  prepare  the  means  of  prosperity  for 
the  south  of  France,  a  part  of  the  Republick,  so  torn  to 
pieces,  so  miserable,  so  disgraced  by  royalism  and  by 
treasons  unheard  of  in  the  history  of  Frenchmen.  It  is  to 
recover  the  commerce  of  the  Baltick,  and  bring  us  and 
our  natural  friends  together ;  to  form  the  most  robust  and 
valuable  seamen ;  to  impoverish  the  English  and  Dutch 
navigation  ;  to  re-possess  our  rights  ;  to  have  a  legitimate 
share  in  the  inheritance  of  the  sea  with  all  nations ;  to 
knock  down  the  barrier  erected  there  by  London  and  Am- 
sterdam ;  to  provide  ourselves  our  own  subsistence ;  to 
reduce  our  cruel  enemies  from  their  privileged  situation 
on  the  seas  ;  to  prohibit  them  from  being  the  vehicles  and 
the  carriers  of  the  French  Republick.  Every  vessel 
which  the  navigation  act  shall  produce,  will  be  as  it  were 
setting  a  firebrand  to  a  vessel  of  London  or  Amsterdam. 
What  squadron,  what  naval  victory  can  equal  such  a  kind 
of  success !  And  should  Toulon  be  for  any  time  in  the 
power  of  the  ruffians  of  London  and  Madrid — should  our 
destiny  be  to  see  our  fine  squadron  of  the  Mediterranean 
purchased  for  English  gold,  lost  or  annihilated  for  us,  in 
five  years,  the  act  of  navigation  will  compensate  that  loss. 
Would  you  have  an  idea  of  the  interest  which  England  has 
in  her  navigation  act  ?  be  informed  then  that  she  would 
rather  lose  Jamaica,  than  revoke  her  act  of  navigation. 

What  reason  have  you  therefore  in  being  backward 
with  the  secret  authors  of  the  infamous  treaty  of  Pilnitz  ? 
Why  have  any  delicacy  with  the  corruptors  of  your  fellow 
citizens,  the  destroyers  of  Lyons,  the  persecutors  of  Dun- 
kirk, the  purchasers  of  Toulon,  the  perverse  founders  of 
the  new  anglo-macheavelisme  ?  Why  have  you  been  back- 
vol.  j.  GO 


47'i  AMERICAN 

ward  with  the  enemies  of  human  nature  and  of  its  rights  ? 
Their  navigation  act  excludes  you  from  their  ports  ;  but  this 
is  not  all.  The  excessive  duties  the  English  receive  from 
.  our  vessels,  interdicts  our  access  to  them  for  ever  ;  the 
river  Thames  is  avaricious  and  devouring  only  with  re- 
gard to  us ;  the  light  house  duties  absorb  one  portion  of 
the  freight  of  our  vessels.  In  Holland,  their  parsimony, 
their  strict  economy,  and  the  low  interest  of  their  money, 
enable  them  to  navigate  at  a  less  expense  ;  we  can  rival 
them  in  our  marine,  neither  at  home  nor  abroad,  otherwise 
than  by  a  navigation  act. 

Who  can  hereafter  arrest  the  destiny  of  the  commerce 
and  marine  of  France  ?  The  marine  has  experienced  los- 
ses, they  must  be  repaired  :  it  has  had  to  struggle  with  pride 
and  distinction  ;  we  must  liberate  it  from  these  shackles  ; 
it  is  still  commanded  by  men  of  a  cast  justly  proscribed ; 
we  must  rescue  it  from  these  scourges  of  the  liberty  of 
nations  ;  wc  must  also  dismiss  all  the  suspected  officers 
remaining  in  its  bosom. 

Commerce  has  had  errours  and  crimes  to  repair :  it 
became  subservient  to  counter  revolutionary  and  federal 
views,  from  interest,  from  ignorance  or  egotism,  ft  became 
anti-revolutionary  and  federal,  because  it  is  divested  of 
political  viewrs,  and  rarely  sees  into  futurity  ;  because  the 
revolution  which  it  has  forced,  speculated  in,  and  calcu- 
lated upon,  did  not  produce  at  this  epoch  as  much  profit 
as  it  had  made  in  the  first  periods  of  it.  But  commerce 
will  at  length  see  that  its  cosmopolism  ought  to  cease  ; 
that  it  has  also  its  cargoes  in  the  vessels  of  the  Republick, 
tha't  liberty  is  not  calculated  at  5  per  cent,  and  that  a  de- 
mocracy was  always  more  favourable  than  a  monarchical 
government  to  commercial  prosperity,  to  the  welfare  of 
merchants,  and  to  the  equality  of  all,  which  till  now  have 
been  valued  only  for  them.  Commerce  will  perceive  that 
•monarchies  were  always  avaricious,  insolent,  proud  and 
military;  and  that  true  republicks  arc  generous,  equal, 
simple  and  commercial. 

Should  it  be  objected  that  this  act  will  be  in  opposition 
to  our  treaties  of  commerce  with  friendly  and  neutral  na- 
tions. The  first  article  of  the  project  proposed,  religiously 
maintains  all  the  treaties  :  besides  none  of  the  treaties  are 
opposed  to  a  navigation  act,  and  the  first  article  has  been 
inserted  merely  to  silence  the  objections  of  the  malevo- 


STATE  PAPERS.  47b 

lent  and  of  those  who  are  ignorant  in  political  economy. 
Besides,  those  laws  which  rest  on  the  faith  of  nations, 
will  be  always  scrupulously  respected  by  the  French  Re- 
publick,  and  we  do  not  seek  by  the  act  of  navigation  but 
to  strengthen  the  ties  of  nations  but  to  restore  the  direct 
•commercial  intercourses  with  them,  which  the  covetous 
Englishman  and  Hollander  have  interrupted  for  the  pur- 
pose of  engrossing. 

What  obstacle  remains  to  be  vanquished  ?  The  tyrant 
of  the  seas  ?  But  he  has  employed  against  us  all  his  strength, 
and  the  English  have  cowardly  fled  at  the  approach  of  the 
French  bayonet,  at  Dunkirk.  Was  he  the  corrupter  of 
Toulon  ?  But  the  conquest  which  is  made  by  the  agency 
of  crimes  and  treason,  is  not  of  long  duration.  The  Eng- 
lish fleet  would  have  been  repulsed,  if  the  fanaticism  of 
the  priests,  the  credulity  of  the  people,  the  floods  of  British 
gold,  and  the  traitorous  conduct  of  Puissand  and  of  Tro- 
golf  had  not  given  up  to  the  dastardly  and  vile  English, 
the  key  of  the  Mediterranean. 

Some  years  ago,  one  would  have  supposed  that  the 
English  blood  and  treasure  would  have  been  employed 
only  in  the  progress  of  philosophy  and  of  liberty;  but  it 
was  difficult  for  this  government,  which  has  paid,  by  the 
loss  of  morals  for  the  dangerous  advantage  of  being  the 
depository  of  the  gold  of  the  world,  not  to  deliver  itself 
up  to  a  mercantile  spirit,  and  to  all  the  political  vices  pro- 
fusely emanating  from  wealth.  Has  it  not  then  seen  that 
there  is  a  limit  to  the  blindness  of  the  people  ;  that  the 
English  government  enjoys  in  the  midst  of  the  enormous 
fortunes  of  individuals,  but  an  ideal  publick  wealth  which 
may  vanish  in  an  instant ;  that  it  enjoys  but  a  fictitious  and 
momentary  credit,  and  an  unfounded  paper,  which  party 
spirit  may  cause  to  vanish,  and  which  perhaps  before  long 
may  leave  to  a  mercantile  and  speculating  nation,  only  re- 
grets, corruption,  revolutionary  shocks  and  despotism, 
without  colonics  and  without  marine  ?  The  league  directed 
against  France,  by  the  despots,  accomplices  of  George,  is 
composed  of  territorial  and  maritime  powers.  As  to  the 
territorial  powers,  who  have  not  the  same  interest  as  the 
others,  let  us  oppose  to  them  our  republican  armies,  and 
the  French  youth.  The  maritime  powers  have  other 
projects,  and  before  long,  will  be  divided  by  the  result  of 
their  monstrous  union  :  let  us  oppose  to  them  the  law  for 


476  AMERICAN 

the  freedom  of  the  seas ;  let  us  oppose  the  iron  of  our 
pikes  to  their  guineas,  our  bayonet  to  their  phalanxes,  our 
gunners  to  their  cavalry,  and  navigation  act  to  navigation 
act.  Let  other  nations  follow  our  example,  let  other 
nations  completely  repossess  themselves  of  their  natural 
rights  on  the  seas,  and  then  will  England  be  violently  de- 
tached from  that  maritime  throne  which  she  has  too  long 
usurped.  The  visier  of  George  has  dared  to  declare  a  few 
days  ago,  in  dictating  laws  to  neutral  nations,  and  daring 
to  restrain  the  rights  and  forms  of  their  neutrality. 
"  France,"  said  he,  "  should  be  separated  from  the  com- 
mercial world,  and  treated  as  though  she  had  but  a  single 
city,  but  a  single  port,  and  as  if  that  place  was  blockaded 
by  sea  and  by  land." 

France  blockaded  ■'  Thus  spoke  of  Rome  before'  their 
just  destruction,  those  men  of  punick  faith,  the  ambitious 
and  mercantile  Carthagenians. — France  blockaded!  Nay. 
If  it  were  possible  to  reduce  her  to  the  confined  limit  of  a 
single  port,  of  a  single  garrisoned  city,  the  French  nation 
would  then  sally  out  of  its  limits  by  a  bridge  from  Calais  to 
Dover,  and  landing  with  its  liberty  on  the  British  territo- 
ry, too  long  fertilized  by  our  spoils,  the  heads  of  George 
and  of  Pitt  would  fall  at  the  feet  of  those  Englishmen  who 
should  feel  themselves  worthy  of  liberty,  and  the  English 
island  would  raise  at  our  side  another  republick,  or  become 
a  desert. 

But  in  order  to  construct  this  bridge,  which  is  to  estab- 
lish our  revolutionary  communications  with  this  modern 
Carthage,  who  after  having  drained  India,  wishes  at  her 
pleasure  to  give  constitutions  to  Europe,  let  us  decree  a 
solemn  act  of  navigation,  and  the  mercantile  island  will  be 
ruined. 

It  is  always  said  that  the  English  are  the  masters  of  the 
sea ;  but  the  Spaniards  were  the  gods  of  the  ocean  under 
Philip  n,  as  the  English  are  the  tyrants  under  George  in. 

The  Spaniards  overflowed  with  the  gold  of  Mexico,  and 
the  silver  of  Peru,  as  the  English  are  covered  with  the 
wealth  of  India  and  the  treasures  of  the  world. 

Then  the  Spanish  flag  was  the  only  one  known  at  sea, 
as  that  of  the  English  is  the  only  one  now  seen  on  the 
ocean.  However,  the  invincible  fleet  of  Philip  was  con- 
quered, his  Armada  so  much  celebrated  was  defeated ; 
and  the  ancient  kings  of  the  seas  and  of  Peru  are  no 


STATE    PAPERS.  477 

longer  any  thing  more  than  the  watermen  of  the  former, 
and  the  exploring  workmen  of  the  latter. 

Let  Frenchmen  so  intensely  engaged  in  the  revolution, 
pause  a  moment  in  order  to  contemplate  its  majestick  and 
amazing  progress,  and  then  they  will  be  as  conscious  of 
their  strength  as  they  are  of  their  rights.  Let  them  be 
for  a  moment  spectators  :  The  genius  of  liberty  creating 
amidst  the  most  prodigious  events,  a  still  greater  prodigy, 
a  democracy  of  twenty-five  millions  of  souls,  a  republick 
of  thirty  thousand  square  leagues,  boldly  establishing  her- 
self upon  the  wrecks  of  a  conspirator's  throne,  upon  the 
ruins  of  a  nobility  as  perfidious  as  arrogant,  upon  the  do- 
mains of  a  clergy  as  opulent  as  useless,  upon  the  judiciary 
corps  as  ruinous  as  impolitick,  upon  the  feudal  system  as 
absurd  as  inveterate,  upon  titles  as  ridiculous  as  fallacious, 
What  will  they  see  ?  A  free  people  establishing  a  repub- 
lican government  for  themselves,  and  establishing  it  by 
common  consent ;  punishing  at  the  same  time  the  treasons 
of  their  kings,  their  legislators,  their  generals,  the  emi- 
grants, and  their  ministers  of  religion  ;  forced  to  make  a 
civil  war  in  the  bosom  of  the  state,  at  the  same  time  that 
they  were  employed  in  extinguishing  the  fire-brands  cast 
on  all  sides  by  their  domestick  enemies  ;  obliged  to  bom- 
bard their  rebel  towns,  and  to  punish  the  desertion  of  their 
fleets  ;  obliged  to  re-conquer  for  liberty  their  maritime 
and  commercial  cities,  to  depopulate,  to  reduce  to  ashes 
fanatical  districts  and  royalized  parts  of  the  country,  for 
the  purpose  of  replacing  in  them  a  republican  population; 
cutting  oft'  the  slavish  and  suspected  part  in  order  that  the 
free  and  energetick  may  defend  their  fire  sides,  forced  to 
supply  with  provisions  the  principal  city,  the  seat  of  the 
representatives,  as  a  garrison  is  supplied,  by  requisitions  ; 
a  people  at  the  same  time  struggling  against  military  Eu- 
rope, and  against  the  French  federalists,  against  the  coun- 
ter-revolutionary administrations,  and  against  all  the  lea- 
gued tyrants,  amidst  preparations  for  sieges,  bombardments 
and  plots  calculated  to  add  famine  to  all  the  scourges  of 
war ;  this  people  at  the  same  time  covering  all  the  fron- 
tiers with  cannon,  with  soldiers,  and  in  a  word  realising 
the  expression  of  Pompcy  :  By  a  stroke  of  the  foot  causing 
the  earth  to  bring  forth  armed  phalanxes. 

And  such  is  the  nation  that  isolated  merchants,  too  lone 
tolerated  on  the  side  of  a  continent  which  they  corrupt  and 


478  ajieiuca.v 

opprcss,  have  hoped  to  reduce  to  a  stale  of  subjection  or 
to  royalize  !  Let  them  tremble  to  the  foundation  of  their 
counting  houses  and  workshops,  when  the  other  nations  of 
Europe,  awakened  even  by  the  clangour  of  their  chains, 
shall  at  last  perceive  that  Europe  will  be  entirelv  free  at 
the  moment  in  which  the  influence  of  England  shall  be 
weakened  or  annihilated,  her  policy  rendered  impotent,  her 
Indian  commerce  diminished  and  her  roll  reduced  to  that 
of  a  factor  and  maritime  commissioner. 

Now  3rou  commercial  and  maritime  cities,  rebellious 
towns  which  have  eclipsed  the  renown  of  the  genius  of  the 
south,  Liberty  cites  you  before  the  revolutionary  tribunal 
of  the  publick  opinion.  You  have  falsified  your  commer- 
cial avocation,  and  the  representatives  of  the  people  arc 
occupied  in  enriching  you  alone,  or  in  repairing  the  inju- 
ries you  have  done  us.  You  have  been  the  enemies  of  the 
Republick,  and  the  Republick  answers  you  with  benefits, 
with  a  navigation  act,  which  will  amend  your  errours  and 
your  crimes,  while  in  the  time,  a  decree  already  projected, 
is  about  opening  in  all  the  departments  canals  for  interior 
navigation,  and  proscribing  all  gewgaws,  all  the  miserable 
wants  of  luxury,  all  merchandises  manufactured  by  our 
irreconcileable  enemies,  the  English.  Let  us  have  sufficient 
strength  of  mind,  of  patriotism,  to  become  ourselves  by 
our  own  consumption,  the  first  benefactors  of  the  national 
manufactures  ;  let  us  multiply,  let  us  bring  our  fabricks  to 
such  perfection  as  to  render  the  wants  of  other  nations 
tributary  to  us  ;  let  us  multiply  them  in  order  to  diminish 
those  of  Batavia,  and  of  Breton.  Such  ought  to  be  the 
result  of  the  navigation  act,  until  that  desirable  epoch, 
when  all  the  other  European  nations,  having  also  their  na- 
vigation acts,  in  virtue  of  their  natural  rights,  shall  force 
England  to  revoke  hers,  and  to  restore  to  the  seas  and  to 
commerce  that  latitude  and  liberty  which  nature,  the  true 
policy  of  empires  and  justice  assigned  to  them. 

Let  Carlha«e  he  destroyed!  Thus  did  Cato  conclude  all 
his  speeches  in  the  Roman  senate. 

Let  England  be  ruined,  annihilated  !  This  should  be  the 
concluding  article  of  every  revolutionary  decree  of  the 
National  Convention  of  France. 

The  following  arc  the  projects  of  decrees  which  the 
committee  of  pnblick  safety  present  to  you. 


STATE    PAPERS.  179 

Decree  of  a  Navigation  Act. 

The  National  Convention,  after  having  heard  the  report 
of  the  committee  of  publick  safety,  decree  : 

Article  i.  That  the  treaties  of  commerce  and  naviga- 
tion existing  between  France  and  the  powers  with  whom 
she  is  at  peace,  shall  be  executed  according  to  their  form 
and  tenour,  without  derogating  therefrom  by  the  present 
decree. 

ii.  That  after  the  first  of  January,  1794,  no  vessel  shall 
be  reputed  French,  nor  have  a  right  to  the  privileges  of  a 
French  vessel,  unless  she  shall  have  been  constructed  in 
France,  or  in  the  colonies  and  other  possessions  of  France, 
or  declared  to  be  a  lawful  prize  taken  from  the  enemy,  or 
confiscated  for  contravening  the  laws  of  the  Republick,  if 
she  does  not  belong  entirely  to  Frenchmen,  and  if  the  of- 
ficers and  three  fourths  of  the  crew  are  not  Frenchmen. 

in.  That  no  foreign  commodities,  productions,  or  mer- 
chandises, shall  be  imported  into  France,  or  into  the  colo- 
nies and  possessions  of  France,  except  directly  by  French 
vessels,  or  vessels  belonging  to  the  inhabitants  of  the 
country  of  which  they  are  the  growth,  produce,  or  manu- 
facture, or  of  the  ordinary  ports  of  sale  and  first  exporta- 
tion ;  the  officers  and  three  fourths  of  the  crews  of  such 
foreign  vessels  being  of  the  country  under  whose  flag  the 
vessel  sail ;  the  whole  under  the  pain  of  confiscation  of 
the  vessel  and  cargo,  and  of  a  fine  of  three  thousand 
livres,  jointly  and  severally,  against  the  owners,  con- 
signees and  agents  of  the  vessel  and  cargo,  captain  and 
lieutenant. 

iv.  That  foreign  vessels  shall  not  transport  from  one 
French  port  to  another  French  port,  any  commodities,  pro- 
ductions, or  merchandises  of  the  growth,  production,  or 
manufacture  of  France,  the  colonies  or  possessions  of 
France,  under  the  penalties  contained  in  Article  in. 

v.  That  the  tariff  of  the  national  customhouses  shall  be 
reformed  and  combined  with  the  act  of  navigation,  and  the 
decree  which  abolishes  the  duties  between  France  and  the 
colonies. 

vi.  That  the  present  decree  shall,  without  delay,  h" 
solemnly  proclaimed  in  all  the  ports  and  commercial  cities 
of  the  Republick,  and  notified  l>v  the  minister  of  foreign 


480  AMERICAN 

affairs  to  the  nations  with  whom  the  French  nation  is  at 
peace. 

Decree  Relative  to  the  Licenses  of  Vessels  under  the 
French  Flag. 

The  National  Convention,  after  having  heard  the  report 
of  the  committee  of  publick  safety,  decree  : 

Article  i.  That  the  licenses  of  vessels  under  the  French 
jlag  shall  be  in  three  days,  reckoning  from  that  of  the 
publication  of  the  present  decree,  for  those  which  shall  be 
in  the  ports  ;  and  in  eight  days  from  the  arrival  of  those 
which  shall  enter,  reported  and  deposited  in  the  office  of 
the  national  customs,  together  with  the  proofs  of  owner- 
ship. The  unlading  and  departure  of  every  vessel  shall 
be  deferred  till  after  the  delivery  of  an  act  offrancisation. 

ii.  That  every  owner  on  presenting  a  license  and  title 
©f  proprietor  of  a  vessel,  shall  be  bound  to  declare,  be- 
fore a  justice  of  the  peace,  and  to  sign  on  the  register  of 
French  vessels,  that  he  is  owner  of  the  vessel,  that  no 
foreigner  is  interested  therein  directly  or  indirectly,  and 
that  her  last  cargo  arrived  from  the  colonies,  or  French 
settlements,  or  her  present  outward  bound  cargo  for  the 
eolonies  or  French  settlements,  is  not  an  armament  on 
commission,  nor  foreign  property. 

in.  That  if  the  owner  does  not  reside  in  the  port  in 
which  the  vessel  lies,  the  consignee  and  the  captain  shall 
give  security  conjointly  and  individually,  to  report,  as  soon 
as  may  be,  the  proofs  of  ownership  and  a  declaration  at- 
tested and  signed  by  the  true  proprietor  of  the  vessel  and 
cargo. 

iv.  That  if  the  property  of  the  vessel,  and  also  that  of 
the  cargo  for  the  commerce  between  France,  her  colonies 
and  settlements,  is  not  proved  to  be  French  by  title  and 
under  oath,  the  vessel  and  cargo  shall  be  seized,  confis- 
cated, and  sold,  and  one  half  of  the  product  given  to  the 
informer. 


,STATK    PAPERS.  481 


Report  cm  a  project  of  an  act  of  navigation  of  the  French 
Rcpublick,  presented  to  the  National  Convention  the  3d 
of  July,  1793.  In  the  name  of  the  Committees  of  Ma~ 
rine,  of  Commerce  and  of  Publick  Safety,  by  Peter  Marec, 
Deputy  from  Finistcre,  printed  by  order  of  the  National 
Convention. 

Citizen  Legislators, — You  have  referred  to  your 
diplomatic  committees  of  marine  and  commerce  united, 
the  proposition  made  in  your  body,  the  20th  of  May  last, 
to  present  to  you  without  delay  a  project  of  an  act  of 
navigation. 

This  object  so  worthy  of  the  meditation  of  a  republican 
legislator,  has  not  been  overlooked  by  your  committee  of 
publick  safety.  In  the  report  they  made  to  you  on  the 
29th  of  May,  on  the  state  of  the  French  Republick,  they 
traced  to  you  in  general  the  invaluable  advantages  which 
would  result  to  her  from  a  measure,  which  having  been 
adopted  by  England  a  century  and  a  half  ago,  has  been 
the  most  fruitful  source  of  the  prosperity  of  that  rival 
power.  But  in  a  question  of  this  nature,  general  conside- 
rations and  observations  hastily  made,  are  insufficient  to 
impress  conviction  on  every  mind. 

Your  marine  committee  has  been  employed  in  collecting 
fiuch  ideas  and  elements  as  might  completely  enlighten  you 
on  the  importance  of  a  navigation  act,  and  finally  deter- 
mine you  to  establish  at  the  side  of  the  political  constitu- 
tion of  the  empire,  this  first  basis  of  her  commercial  con- 
stitution. They  could  not  unite,  according  to  your  views, 
with  the  diplomatic  committee,  which  has  not  been  re- 
newed since  the  suppression  of  the  committee  of  general 
(iftVnce  ;  but  they  have  concerted  with  those  of  commerce 
and  publick  safety,  and  it  is  in  the  name  of  these  three 
committees  that  I  come  to  present  to  you  the  result  of 
their  deliberations. 

The  principal  end  of  the  navigation  aci  which  we  pro- 
pose, is  to  destroy  the  interposition  of  all  indirect  naviga- 
tion, in  the  maritime  transportation  of  our  articles  of  e\- 
change  with  foreign  nations,  and  in  fine  to  put  a  stop  to 
ihnt.  intermediate  carrying  trade,  so  prejudicial  to  our 
commerce  and  marine,  which  hitherto  has  rendered  u< 
benevolent  tributaries  of  all  the  maritime  powers  of  Ett- 
vor..  r.  61 


482  AMERICAN 

rope.  This  act  has  also  for  its  object,  to  reserve  to  the 
national  vessels  the  exclusive  privilege  of  transporting  the 
same  articles  of  exchange  from  one  port  of  the  Republick 
to  another. 

This  double  prohibition  is  doubtless  contrary  to  the 
principles  of  an  indefinite  commercial  freedom  :  but  such 
freedom  perhaps  would  not  agree  with  the  system  of  an 
universal  republick  ;  and  it  is  conceived  that  the  repub- 
lick of  the  human  race  will  be  still  more  difficult  to  realize 
than  that  of  Plato.  It  is  then  our  wisdom  not  to  allow 
ourselves  to  be  dazzled  by  the  brilliant  imaginations  of 
political  writers,  and  who  warp  the  light  of  reason  and 
experience  in  their  specious  arguments  and  pompous  the- 
ory. It  is  from  the  example  of  the  great  nations  who  sur- 
round us,  from  that  nation  especially,  who  first  knew  how 
to  apply  to  her  navigation  prohibitory  regulations ;  it  is 
from  that  source  we  ought  to  derive  rules  for  our  conduct, 
if  we  have  at  heart  the  true  prosperity  of  our  country. 

France  taken  in  a  commercial  point  of  view  is  the 
richest  entrepot  of  the  universe ;  she  is  also  the  marker 
which  offers  the  most  consumers  and  vent  for  the  industry 
of  other  nations.  Whence  does  it  happen  that,  with  so 
many  resources  and  wants,,  with  such  abundance  of  terri- 
torial commodities,  productions  and  merchandises,  with  the 
habit  of  consuming  such  great  quantities  of  the  commodi- 
ties, productions  and  merchandises  of  foreigners,  her  navi- 
gation has  hitherto  been  so  languishing,  her  commercial 
marine  so  pitiful,  so  altogether  destitute  of  the  advantages 
which  are  its  inherent  right  ?  Whence  does  it  happen  that 
the  flag  of  her  most  formidable  enemies  has  almost  exclu- 
sively figured  in  her  commercial  relations  ?  Because  she 
was  destitute  of  a  navigation  act :  because  a  false,  timid, 
and  frivolous  policy  knew  not  how  to  produce,  or  did  not 
dare  to  borrow,  from  a  great  nation  proud  of  its  wealth 'and 
of  its  credit,  this  valuable  system  which  has  contributed 
more  to  the  power  of  that  nation,  than  all  the  victories  of 
its  admirals* 

In  a  word,  it  is  time  that  the  French  nation  should  know 
all  her  advantages,  and  how  to  profit  of  them.  It  is  time 
for  her  to  repair  all  the  injury  she  has  sustained,  in  this 
respect,  through  the  ignorance  or  criminal  indifference  of 
an  oppressive  government,  more  careful  of  preserving  at 
any  price,  its  despotick  authority,  more  occupied  in  diplo- 
matic intrigues  or  fiscal   operations,  more   tenacious  ii: 


STATE    PAPERS.  483 

■maintaining  the  false  splendour  of  a  throne  at  the  expense 
'of  the  true  interests  of  the  people,  than  attentive  to  render 
productive  by  every  means  in  its  power  their  agriculture, 
their  commerce,  and  their  industry. 

Doubtless  there  never  was  a  more  favourable  occasion 
for  procuring  to  our  country  the  benefit  of  a  navigation 
act.  Numerous  republican  armies,  familiarized  with  vic- 
tory, being  now  fighting  for  her  independence  and  her 
liberty,  against  the  very  powers  who  are  most  interested 
in  preventing  us  from  enjoying  such  an  act.  Before  the 
war  it  might  have  been  sufficient  for  us  to  have  made  such 
an  act  merely  with  regard  to  England ;  such  was  the 
effect  on  Holland,  when  Oliver  Cromwell,  in  1651,  had  a 
decree  passed  by  the  British  parliament. 

At  that  epoch,  according  to  the  inquiries  of  one  of  our 
countrymen,  the  best  informed  at  the  present  day,  in  the 
knowledge  of  our  true  commercial  and  political  interests 
(citizen  Ducher*)  the  maritime  commerce  of  the  English 
did  not  consist  of  more  than  96,000  tons  of  transports  5  in 
1 790,  it  rose  to  more  than  800,000  tons. 

Again  at  that  epoch,  according  to  the  interesting  report 
presented  to  the  constituent  assembly,  on  this  subject,  by 
citizen  Delaltre,  "One  half  of  the  navigation  of  England 
was  carried  on  by  foreigners.  England  has  imperceptibly 
retaken  her  rights;  towards  the  year  of  1700,  foreigners 
possessed  no  more  than  the  fifth  part  of  this  navigation ; 
in  1725,  only  a  little  more  than  the  ninth;  in  1750,  a  little 
more  than  a  twelfth;  and  in  1791,  they  possessed  only  the 
fovrtrrnth  part  of  it." 

Our  navigation  a  year  ago,  was  in  regard  to  foreign 
nations,  still  more  unfavourable  than  the  English  naviga- 
tion of  1651.  Permit  me  here,  to  give  in  a  concise  man- 
ner the  striking  calculations  which  were  laid  before  you 
on  this  subject,  in  the  month  of  December  last,  by  the 
rx-minister  of  the  home  department,  in  the  table  con- 
taining the  amount  of  the  exterior  commerce  of  the  Re- 
publick  of  France. 

*  If  the  convention  pass  the  present  project  of  a  navigation  a<-t  into  a 
decree,  the  country  will  he  under  obligations  to  citizen  Ducher,  who  for 
upwards  of  two  years  past,  has  endeavoured  to  obtain  the  adoption  of  this 
pi. in  with  indefatigable  perseverance,  as  well  in  committees  of  the  na- 
tional assembly,  as  by  the  publication  of  his  writings.  This  is  an  act  o!" 
justice  which  it  affords  uie  pleasure  publickly  to  render  to  tthat  excellent 
citizen.  * 


484  AMERICAN 

The  maritime  transportation  of  our  exchange  with  the 
Europeans,  the  Levant,  the  Barbary  states  and  the  Anglo 
Americans,  estimating  on  a  mean  year,  from  1787  to  1789, 
inclusive,  has  employed  in  the  whole  16,225  vessels,  mea- 
suring 1,184,170  tons,  which,  taking  one  with  another, 
at  36  livres  the  ton,  would  produce  42,630,120  livres  of 
freight. 

There  have  been  employed  in  this  transportation,  dur- 
ing the  same  period,  only  3,763  French  vessels,  measur- 
ing, in  the  whole,  295,251  tons,  making,  at  the  same  rate, 
10,808,316  livres  of  freight. 

That  is  to  say,  the  French  flag  has  appeared  to  come 
in  for  only  a  little  more  than  two  tenths,  whilst  the  English 
flag  has  participated  therein  to  nearly  the  amount  of  four 
tenths,  and  that  of  other  nations  in  the  remaining  four 
tenths. 

In  the  first  six  months  of  1792,  in  near  six  thousand 
vessels,  measuring  five  hundred  thousand  tons,  which  have 
been,  in  like  manner,  employed  on  our  commercial  im- 
ports, and  exports,  to  and  from  the  same  people,  the 
French  had  but  three  tenths  of  the  total  mass,  whilst  the 
vessels  of  England  and  Holland,  and  the  Hanseatic  towns, 
had  four  tenths,  and  the  vessels  of  other  nations  the  re- 
maining three  tenths. 

If  we  view  this  navigation  under  another  aspect,  that  of 
our  direct  relations  with  each  of  the  European  states,  of 
the  Levant,  Barbary,  and  North  America,  it  will  be  seen, 
that  during  the  same  time  (taking  the  mean  year  of  1788 
and  1789  inclusively)  there  have  been  mixed  in  the  mari- 
time transportation  of  our  exchanges ;  with  Spain,  one 
hundred  and  ninety-nine  vessels  other  than  French  or 
Spanish,  deduction  being  made  of  the  foreign  vessels  who 
might  have  intermeddled  in  this  carrying  trade,  under 
either  of  the  two  flags.  With  Sardinia,  two  hundred  and 
sixty-nine  vessels,  also  intermedial.  With  the  republick 
of  Genoa,  two  hundred  and  sixty-one,  similar  vessels. 
With  Holland,  two  hundred  and  fifty-three,  similar  vessels. 
In  a  word,  with  all  the  states  of  which  I  have  spoken,  two 
thousand  three  hundred  and  sixty-eight  vessels,  employed 
in  indirect  commerce,  and  whose  tonnage  amounts  to  two 
hundred  and  thirty  thousand  six  hundred  tons ;  which 
valued  at  thirty-six  per  ton  of  freight  one  with  another, 
amount  to  eight  millions  three  hundred  and  one  thousand 


STATE  PAPER*.  48$ 

six  hundred  livres  carried  off  with  impunity,  in  one  year, 
from  our  carrying  trade,  merely  from  the  want  of  a  navi- 
gation act  in  France,  without  counting  upon  the  consid- 
erable advantages  which  would  otherwise  result  from  it. 
for  her  industry  and  commerce,  for  ship  building  in  her 
ports,  and  for  the  employment  of  the  whole  or  even  the 
half  of  these  two  thousand  three  hundred  and  sixty-eight 
intermediate  vessels. 

It  must  then  appear  plainly  to  the  conviction  of  every 
person,  that  nothing  would  contribute  more  to  the  pros- 
perity of  our  navigation,  and  consequently  to  every  branch 
of  our  commerce  and  industry,  than  the  adoption  of  au 
act,  which,  by  severely  excluding  all  foreigners  who  hith- 
erto have  forcibly  taken  from  our  fellow  citizens  the 
richest  portion,  if  1  may  so  express  myself,  of  their  patri- 
mony, would  in  the  same  proportion  increase  the  amount 
of  their  direct  relations  with  foreign  nations. 

Let  us  hasten  then  citizens,  to  restore  to  our  country 
all  her  rights,  by  adopting  in  this  respect,  a  grand  system, 
worthy  of  all  that  we  have  done  for  liberty. 

If,  at  the  epoch  at  which  I  now  speak,  our  navigation 
is  proportionally  more  languishing  than  that  of  England 
was,  when  the  genius  of  Cromwell  gave  her  that  so  re- 
nowned act,  let  us  hope  that  by  consecrating  it  in  our 
maritime  legislation,  our  navigation  will  in  a  short  time 
acquire  the  same  degree  of  splendour  as  that  of  our  rivals. 
With  more  than  two  hundred  and  fifty  leagues  of  coast 
on  the  ocean,  and  the  channel,  and  more  than  one  hun- 
dred on  the  Mediterranean,  with  ports  as  secure  as  exten- 
sive and  commodious,  with  an  infinite  number  of  havens, 
of  dock  yards,  of  manufactures  of  every  kind,  with  an 
immensity  of  people  as  enterprising  as  industrious,  with 
incalculable  territorial  riches,  and  a  mass  of  colonial 
commodities,  superior  to  that  of  all  the  powers  of  Europe 
united,  and  above  all,  with  a  free  and  republican  consti- 
tution, let  us  hope  that  France,  freed  from  the  yoke  of 
the  feudal  system,  and  that  of  die  fiscal,  inseparably  con- 
nected with  it:  delivered  from  her  kings,  her  nobles,  h<  r 
priests,  raised  to  the  happy  condition  of  depending  on 
i hose  laws  only,  which  are  made  by  herself,  and  not 
obliged  to  receive  them  from  any  power  on  earth  ;  lei  us 
hone,  I  say,  that,  in  siieh  a  state  of  things.  France,  with, 
an  act  of  navigation  .would  behold  the  rapid  envelopment 


43t>  AMERICAN 

of  all  the  seeds  of  publick  and  private  prosperity  which 
she  contains  in  her  bosom.  Let  us  also  hope  that  the 
decree  you  are  about  to  pass,  will  prove  more  efficacious 
for  your  obtaining  a  peace  with  the  belligerent  maritime 
powers,  than  if  they  were  to  lose  one  hundred  of  their  best 
vessels ;  and  as  to  those,  who  at  this  moment  preserve 
circumspect  neutrality  towards  you,  be  persuaded  that  the 
inevitable  effect  of  your  navigation  act,  will  be  the  at- 
taching of  them  to  you  by  indissoluble  ties.  All  will  be 
eager  to  seek  an  alliance  with  that  European  power,  from 
whom  they  will  derive  most  benefit,  by  the  suppression  of 
indirect  navigation,  and  the  immensity  of  its  consumers. 
Every  one,  from  the  moment  of  tiie  promulgation  of  your 
decree,  will  pray,  and  perhaps  make  use  of  secret  efforts 
to  procure  you  an  advantageous  peace,  which  doubtless 
/at  present,  they  have  some  interest  in  preventing ;  and 
besides  your  independence,  your  political  liberty,  the  es- 
tablishment of  your  republican  constitution,  will  be  to 
them  as  much  as  to  yourselves — a  subject  of  triumph  and 
general  victory. 

The  navigation  act,  as  I  have  already  said,  is  the  basis 
of  the  commercial  constitution  of  the  Rcpublick ;  or  rather, 
it  is  in  this  respect  a  true  constitutional  act.  All  the  other 
laws  upon  maritime  navigation,  should  only  he  viewed  as 
■corollams  of  this  act,  provisions  ns  to  the  manner  of  its 
execution;  in  a  word,  merely  regulating  laws. 

The  latter  may  be  successively  presented  to  you  by 
your  committees.  The  most  interesting  of  these  are  rela- 
tive to  the  tonnage  of  vessels,  upon  the  means  of  multi- 
plying ship  building,  and  of  bringing  them  to  more  per- 
fection; upon  the  forms  of  licenses  and  passports;  upon 
the  means  of  discovering  and  preventing  franrisalion? , 
simul6es,  ice. ;  and  above  all,  upon  a  better  tariff  of  rates 
of  navigation,  without  which  the  constitutional  act,  in  this 
respect,  cannot  produce  all  the  effect  which  we  have,  a 
right  to  expect  from  it. 

Your  committee  will  now  confine  itself  to  laying  before 
you  the  project  of  that  act.  By  prohibiting  all  interme- 
diate navigation  between  you  and  each  foreign  nation,  it 
extends  this  prohibition,  not  only  to  the  transportation  of 
the  commodities,  merchandises,  or  productions  imported, 
of  their  growth,  production  or  manufacture,  but  also  to  the 
nv'.;. spor'ation  of  those  imported  from  the  ordinary  ports 


STATE  PAPERS.  -W7 

•/*  .idle,  and  of  the  first  exportation.  It  is  necessary  that 
such  a  prohibition  should  be  as  extensive  as  it  could  be 
made,  without  which  a  navigation  act  would  become  a 
mere  illusory  measure.  The  English  from  whom  we 
borrow  this  system,  have  given  it  that  extension ;  and 
indeed  they  are  to  be  applauded  for  it. 

The  necessity  of  determining  the  requisite  qualities  for 
enjoying  the  privileges  of  a  French  vessel,  that  is  to  say, 
for  the  exclusive  admission  to  carry  on  our  direct  naviga- 
tion, in  concurrence  with  the  vessels  of  the  people,  from 
whom  we  receive  our  articles  of  supply ;  this  necessity,  I 
say,  was  an  immediate  consequence  of  the  prohibition  of 
all  indirect  navigation.  The  project  of  the  act  regulates 
these  qualities ;  it  also  determines  the  only  evidence  by 
which  we  could  know  the  vessels  of  the  nation  with  whom 
we  may  trade ;  and  it  is  easily  perceived,  that  if  we  did 
not  impose  in  this  respect,  those  conditions  which  are 
most  conformable  to  our  interest,  every  day  crowds  of 
intermediate  vessels  would  borrow  the  flag  of  such  na- 
tion ;  and  we  should  have  employed  but  half  the  mean:* 
for  abolishing  indirect  navigation.  Besides,  these  condi- 
tions have  a  tendency  to  favour  the  direct  navigation  and 
commerce  of  such  nation.  By  them  it  is  put  in  the  happy 
necessity,  of  multiplying  by  every  means,  its  ship  build- 
ing, nauticks,  and  maritime  population;  and  if,  in  the 
meanwhile,  its  own  vessels  and  mariners  are  insufficient 
for  the  exportation  of  its  commodities  and  merchandises- 
then  it  belongs  to  us  alone  to  supply  that  deficiency,  and 
our  navigation  would  then  receive  a  further  increase  from 
this  source,  and  our  commerce  an  additional  degree  of 
prosperity. 

Thus  every  thing  concurs,  citizens,  to  induce  you  to 
adopt  the  project  of  the  navigation  act,  which  I  am  in- 
structed to  present  to  you.  It  is  a  national  right  you  are 
about  to  proclaim,  after  having  solemnly  recognised  the 
sacred  rights  of  man  and  of  citizen,  and  founded  the  frees! 
constitution  under  the  globe. 

If  all  rial  ions  ought  to  recognise  the  equality,  the  lroert\ 
of  nature  and  the  safety  of  soeiety  in  the  exposition  of  the 
doctrines  of  that  immortal  declaration,  all  the  maritime 
nations  ought  to  recognise  the  rights  of  property  in  the 
dispositions  of  our  navigation  act.  Would  to  heaven  that 
till  had  the  courage  <>r  th"  wisdom  to  follow  our  example* 


48S  AMERICAN 

Then  there  would  be  no  exclusive  privilege  between  one- 
nation  and  another ;  and  were  the  act  of  navigation  adopt- 
ed by  all  the  maritime  powers  of  the  globe,  it  would  in 
some  degree  realize  that  indefinite  commercial  liberty, 
which  without  doubt  is  the  first  element  of  commerce,  but 
which  at  present  in  particular,  is  not  suitable  to  the  in- 
terests of  any  commercial  nation. 

With  so  many  poAverful  inducements  to  decree  an  act 
of  navigation,  you  doubtless  will  not  in  the  existing  cir- 
cumstances, be  withheld  by  the  apprehension  that  such  a 
disposition  would  injure  the  obtaining  of  supplies  for  the 
Republick  which  they  are  obliged  to  draw  forth  from 
foreigners.  It  is  an  acknowledged  principle  with  the 
English  themselves,  and  constantly  practised  among  them, 
that  in  time  of  war  neutral  vessels  are  excepted,  of  right, 
from  the  dispositions  of  the  navigation  act.  This  act 
therefore  will  not  add  to  those  restrictions  which  the 
maritime  war  at  present  imposes  on  the  maritime  trans- 
portation of  our  exchanges  or  of  our  supplies  ;  and  neutral 
vessels  will  continue  to  bring  us  every  thing  which  we 
dare  not  confide  to  our  own. 

Neither  will  you  be  deterred  by  an  apprehension  of 
injuring  the  personal  interests  of  some  hundreds  of  cos- 
mopolite capitalists,  of  selfish  commissioners,  for  whom 
the  want  of  a  navigation  act  in  France,  has  been  the 
principal,  the  most  fruitful  source  of  their  colossal  for- 
tunes. The  general  interest  of  the  country,  that  of  her 
labourers,  of  her  manufacturers,  of  her  artists,  of  her 
seamen,  her  merchants,  and  all  her  sans  culottes,  to  whom 
you  will  assure  employment  and  bread — These  reasons 
should  determine  you — These  reasons  should  influence 
you  exclusively  in  your  deliberations.  All  will  bless  you  ; 
all  will  look  upon  the  act  of  navigation,  as  one  of  the 
most  precious  gifts  you  could  bestow  on  your  countrymen, 
next  to  the  constitutional  charter  which  you  have  just 
digested.  When  Oliver  Cromwell  had,  through  the  me- 
dium of  his  parliament,  established  a  navigation  act,  all 
the  ports  of  England  manifested,  by  illuminations,  the  joy 
which  that  memorable  act  gave  them ;  and  the  English 
people  forgot  for  a  moment,  that  they  received  this  gift 
from  the  hand  of  a  tyrant.  How  great  then  ought  the 
transports  of  our  fellow  citizens  to  be,  when  they  receive 


STATE  PAPERS.  489 

your  decree  from  the  same  hands,  which  have  given  them 
the  declaration  of  rights,  and  the  French  constitution ! 

May  France  be  enabled,  in  the  end,  therefore,  to  boast 
also  of  having  a  navigation  act ;  may  it  henceforward  be 
the  basis  of  her  policy,  as  it  is  about  being  that  of  her 
commerce.  May  she  soon  become  more  rich,  more  flour- 
ishing, more  happy,  than  she  has  been  under  the  most 
brilliant  reigns  of  her  despots,  and  never  treat  with  foreign 
powers,  without  her  constitution  in  one  hand,  and  her 
navigation  in  the  other ;  and  astonished  Europe  will  doubt- 
less see  her  merchants  become  one  day,  her  only  ambas- 
sadors, like  those  of  London  and  Amsterdam  formerly, 
negotiating  at  foreign  courts,  the  most  important  interests 
of  their  country,  and  after  having  weighed  the  destinies  of 
the  two  worlds,  and  secured  the  prosperity  and  glory  of 
their  country,  reassuming  the  peaceable  pursuits  of  com- 
merce. 

The  following  is  the  project  of  the  decree. 

Act  of  Navigation  of  the  French  Republick. 

The  National  Convention  after  having  heard  the  report 
of  their  Committees  of  marine,  of  commerce,  and  of  publick 
safety,  considering  that  the  French  nation  has  the  incon- 
testiblc  right  of  securing  by  every  method,  the  prosperity 
of  her  agriculture,  commerce  and  industry;  that  nothing 
has  a  more  direct'  tendency  to  this  end  than  a  navigation 
act ;  and  that  in  the  solemn  declaration  of  this  act,  she 
only  makes  use  of  the  same  right  which  she  acknowledges 
to  belong  to  all  other  nations,  decrees  as  follows : 

Article  i.  That  no  foreign  commodities,  productions,  or 
merchandises  shall  be  imported  but  directly  by  French 
vessels,  or  those  belonging  to  the  inhabitants  of  the  coun- 
try of  which  they  are  the  growth,  produce  or  manufacture, 
or  to  the  inhabitants  of  the  country  of  the  ordinary  ports 
of  sale  and  first  exportation  ;  the  officers  and  three  fourths 
of  the  crew  of  a  foreign  vessel  being  of  the  country  whose 
flag  the  vessel  bears  ;  the  whole  on  pain  of  confiscation  of 
die  vessel  and  cargo,  and  a  fine  of  three  thousand  Wvrcs. 
jointly  and  severally  against  the  owners,  consignees,  and 
agents  of  the  vessel  and  cargo,  the  captain  and  licntrnaiv 
of  the  vessel. 

vol.   i.  '  62 


&te 


AMERICAN 


ii.  That  foreign  vessels  shall  not  transport  from  one 
French  port  to  another  French  port,  any  commodities, 
productions  or  merchandises  of  the  growth,  produce  or 
manufacture  of  France,  the  colonies  or  possessions  of 
France,  under  the  penalties  declared  in  article  1st. 

in.  That  after  the  10th  of  August  next,  no  vessel  shall 
be  reputed  French,  nor  enjoy  the  privileges  of  a  French 
vessel,  unless  such  vessel  shall  have  been  built  in  the  colo- 
nies or  possessions  of  France,  or  declared  a  good  prize 
taken  from  an  enemy,  or  confiscated  for  contravention  jj 
the  laws  of  France,  and  unless  the  officers  and  three 
fourths  of  the  crew  are  Frenchmen. 


MESSAGE 

of  the  president  of  the  united  states  to  congress, 
jan.  20,  1794. 

Having  already  laid  before  you  a  letter  of  the  16th  of 
August,  1 793,  from  the  Secretary  of  State  to  our  minister 
at  Paris,  stating  the  conduct,  and  urging  the  recall  of  the 
minister  plenipotentiary  of  the  Republick  of  France,  I  now 
communicate  to  you,  that  his  conduct  has  been  unequi- 
vocally disapproved,  and  that  the  strongest  assurances 
have  been  given  that  his  recall  should  be  expedited  with- 
out delay. 

GEO.  WASHINGTON. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CON- 
GRESS.  JAN.  22,  1794. 

I  forward  to  you,  extracts  from  the  last  advices  from 
our  minister  in  London  ;  as  being  connected  with  commu- 
nications alreadv  made. 

GEO:  WASHINGTON.. 


STATE  PAPERS.  491 

Extract  of  a  Letter  from  Thomas  Pinckney,  to  the  Secre- 
tary of  State.     London,  Aug.  12,*  1793. 

I  continue  to  receive  assurances  from  thim,  of  the 
desire  of  this  government  so  to  conduct  the  measures  they 
think  themselves  justified  in  pursuing  towards  the  neutral 
powers,  as  to  render  them  as  little  detrimental  to  our  com- 
merce as  the  state  of  warfare  existing  in  Europe  will  admit ; 
and  on  complaint  of  some  irregularities  committed  by  Bri- 
tish privateers,  he  requested  me  to  select  some  instances 
where  the  evidence  is  clear,  in  order  for  criminal  prosecu- 
tions to  be  instituted  against  the  offenders,  in  which  he  pro- 
mised the  fullest  support  of  the  law  officers  of  the  crown, 
and  I  am  now  endeavouring  to  fix  upon  some  strong  cases 
where  our  evidence  may  be  sufficient  to  ensure  conviction. 
I  believe  it  to  be  the  desire  both  of  the  government  and  of 
the  people  in  general  here  to  be  upon  good  terms  with  us  ; 
but  the  line  of  conduct  pursued  to  the  neutral  powers,  in 
which  I  do  not  perceive  any  symptoms  of  relaxation,  cannot 
but  create  dissatisfaction.  From  the  department  of  state,  I 
generally  obtain  explicit  answers  on  such  subjects  as  they 
are  competent  to  decide,  but  where  references  are  made 
thence  to  other  departments,  which  is  frequently  the  case, 
the  delays  are  very  great,  especially  in  the  business  with 
the  admiralty. 

Truly  extracted  from  the  original,  Jan.  22,  1794. 

GEO :  TAYLOR,  jr. 
Chief  Clerk  in  the  Department  of  State, 

Order  of  the  Admiralty,  enclosed  in  the  letter  of  Aug.  12, 
1793.     Sept.  3,  1793. 

Ordered, — That  freight  and  reasonable  expenses  shall 
be  allowed  to  all  masters  of  neutral  carrier  ships,  and  be 
a  charge  upon  the  cargoes  whether  condemned,  or  restored, 
or  ordered  for  farther  proof  of  neutral  property  ;  provided 
always,  that  no  mala  fides,  or  prevarication  shall  appear, 
or  be  justly  presumed,  or  suspected,  on  the  part  of  any 
neutral  master,  and  that  such  neutral  master  shall  make 
oath  that  sueh  freights  are  not  already  paid  for  or  engaged 
lor  to  be  paid  by  the  owners  of  the  said  cargoes  in  view 
of  every  event  of  capture  or  otherwise.     Demurrage  shall 

*  Probablv  a  mistake.  '  Minhter  for  Foreign  Affair*. 


492,  AMERICAN' 

be  allowed,  and  considered  as  a  reasonable  expense,  only 
in  cases  where  the  ship  shall  be  pronounced  to  have  been 
unjustly  seized  and  brought  in  for  adjudication,  or  bulk- 
broken,  and  his  majesty's  instructions  disobeyed,  or  where 
there  has  been  actual  and  wilful  damage  done,  and  mis- 
usage  of  persons  or  property  by  the  captor,  or  when  the 
time    of  detention    for   the    purpose   of  unlivery  of  the 
cargo,  or  repairing  such  damage,  shall  exceed  .the  time 
specified  in  the  charter  party,  or  when  the  neutral  mas- 
ter shall    not  refuse   or  neglect  to"  take  away  his    ship 
upon  bail  offered  to  be  given  by  the  captors  for  freight, 
and  reasonable  expenses.     That  where  the  value  of  corn 
and   naval  stores  sold  to  his  majesty  shall  be  decreed 
to  be  paid  to  any  neutral  claimant ;  the  owner,  in  cases 
where  such  corn,  provision,  and  other  naval  stores,  by 
any  treaty  or  particular  stipulation,  shall  be  held  to  be 
not  contraband,  and  so  not  confiscable,  the  captor  who 
shall  have  brought  in  such  privileged  ships  and  cargoes, 
in  consequence  of  his  majesty's  orders  and  instructions, 
and  who  shall  have  given  bail  to  be  answerable,  upon 
unlivery  of  the  same,  for  freight  and  reasonable  expenses, 
in  case  that  any  shall  be  allowed,  shall  be  discharged  from 
his  bail,  but  that  the  freight,  and  such  reasonable  expenses, 
shall  be  decreed  to  be  added  to  the  price  of  the  cargo, 
and  to  be  paid  for  by  his  majesty  to  the  neutral  owner,  in 
cases  of  restitution,  and  in  cases  of  condemnation  shall  be 
added  in  like  manner  to  the  price  of  the  cargo,  and  paid 
to  the  captor  by  his  majesty. 

Freights  and  reasonable  expense's  where  captors  and 
claimants  cannot  agree,  shall  be  referred  to  be  settled  by 
the  deputy  registrar,  and  merchants  appointed  by  the 
court ;  the  report  nevertheless  shall  be  subject  to  revisal 
by  order  of  the  court,  upon  objections  made  by  either 
party. 

A  true  copy  of  the  original,  Jan.  22,  1794. 

GEO.  TAYLOR,  jr. 
Chief  Clerk  in  the  Department  of  State. 

Extract  of  a  Letter  from  Thomas  Pmckney  to  the.  Secretary 
of  State,  dated  London,  Nov.  11,  1793. 

Tuscany  has  been  obliged  to  abandon  its  neutrality. 
Genoa  has  been  forcibly  urged  to  the  same  measures  by 


STATE  PAPERS.  4$3 

the  commanders  of  a  combined  Spanish  and  British  fleet, 
who  entered  their  port  and  seized  a  French  frigate  and 
some  armed  vessels  lying  there.  A  minister  from  that 
Republick  was  received  at  the  last  levee. 

A  proclamation  is  issued,  directing  our  vessels  from 
Pennsylvania,  Jersey,  and  Delaware,  to  perform  a  quaran- 
tine of  14  days. 

Truly  extracted  from  the  original,  Jan.  22,  1794. 

A  GEO.  TAYLOR,  jr. 

Chief  Clerk  in  the  Department  of  State. 


MESSAGE 

FROM  THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 
LETTERS  FROM  FRENCH  MINISTER.   FEB.  7.  1794. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM   THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TO 

WREAT  RRITAIN  AND   SPAIN.        FEB.   24,   1794. 

[See  Vol.  Confidential  Docuuieuts.] 


MESSAGE 

VROM   THE  PRESIDENT  OF  THE  UNITED  STATES  RELATIVE  TV. 

SPAIN  AND  ALGIERS.       MARCH   8,    1  794. 

's<c  Vol.  Confidential  Document.".] 


48%'  AMKRIfcAN 


MESSAGE 

EROM  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  60NORESS. 
MARCH  5,  1794. 

The  Secretary  of  State,  having  reported  to  me  upon  the 
several  complaints  which  have  been  lodged  in  this  office1 
against  the  vexations  and  spoliations  on  our  commerce 
since  the  commencement  of  the  European  war,  I  transmit 
to  you  a  copy  of  his  statement,  together  with  the  docu- 
ments upon  which  it  is  founded.  ♦ 

GEO.  WASHINGTON. 


Philadelphia,  March  2,  1794. 

Sir, — In  your  message  to  both  Houses  of  Congress,  on 
the  5th  of  December,  1793,  you  inform  them,  that  "  the 
vexations  and  spoliations,  understood  to  have  been  com- 
mitted on  our  vessels  and  commerce  by  the  cruisers  and 
officers  of  some  of  the  belligerent  powers,  appeared  to  re- 
quire attention  :  That  the  proofs  of  these,  however,  nor 
having  been  brought  forward,  the  description  of  citizens, 
supposed  to  have  suffered,  were  notified,  that  on  furnish- 
ing them  to  the  executive,  due  measures  would  be  taken 
to  obtain  redress  of  the  past,  and  more  effectual  provisions 
against  the  future,"  and  that  "  should  such  documents  be 
furnished,  proper  representations  will  be  made  thereon, 
with  a  just  reliance  on  a  redress  proportioned  to  the  exi- 
gency of  the  case." 

On  my  succession  to  the  department  of  state,  I  found  a 
large  volume  of  complaints,  which  the  notification  had  col- 
lected, against  severities  on  our  trade,  various  in  then- 
kind  and  degree.  Having  reason  to  presume,  as  the  fact 
has  proved,  that  every  day  would  increase  the  catalogue, 
I  have  waited  to  digest  the  mass,  until  time  should  have 
been  allowed  for  exhibiting  the  diversified  forms,  in  which 
our  commerce  has  hourly  suffered.  Every  information  is 
at  length  obtained,  which  may  be  expected. 

The  sensations  excited  by  the  embarrassments,  danger, 
and  even  ruin,  which  threaten  our  trade,  cannot  be  better 
expressed,  than  in  the  words  of  the  committee  of  Philadel- 
phia. After  enumerating  particular  instances  of  injury, 
their  representation  to  government  proceeds  thus  :  "  On 


STATE  PAPERS.  495 

these  cases,  which  are  accompanied  by  the  legal  proofs, 
the  committee  think  it  unnecessary  to  enlarge,  as  the  in- 
ferences will,  of  course,  occur  to  the  Secretary ;  but  they 
beg  leave  to  be  permitted  to  state  other  circumstances, 
which,  though  not  in  legal  proof,  are  either  of  such  publick 
notoriety  as  to  render  legal  proof  unnecessary,  or  so  vouch- 
ed to  the  committee  as  to  leave  them  in  no  doubt  of  the 
truth  of  them. 

"  It  has  become  a  practice  for  many  of  the  privateers  of 
the  belligerent  powers  to  send  into  port  all  American  ves- 
sels they  meet  with,  bound  from  any  of  the  French  ports 
in  the  West  Indies  to  the  United  States  ;  and  it  is  posi- 
tively asserted,  that  the  owners  of  some  of  them  have  given 
general  instructions  to  their  captains  to  that  effect — And 
though  many  of  those  vessels  have  been  afterwards  liberat- 
ed, yet  the  loss  by  plunder,  detention  and  expense,  is  so 
great  as  to  render  it  ruinous  to  the  American  owner  : — In 
many  cases,  where  the  cargoes  have  been  valuable,  the 
owners  of  the  privateers,  after  acquittal,  have  lodged  ap- 
peals which  they  never  intended  to  prosecute,  but  merely 
with  a  view  of  getting  the  property  into  their  hands  upon  a 
valuation  made  so  unfairly,  as  to  ensure  them  a  conside- 
rable profit,  even  if  they  should  be  finally  made  liable. 

"  Fourteen  days  only  are  allowed  to  an  American  owner 
to  make  his  claim,  which  renders  it  impossible  for  him, 
except  he  is  on  the  spot,  and  every  difficulty  which  a  com- 
bination of  interested  persons  can  devise,  is  thrown  in  the 
way,  to  prevent  his  getting  security  ;  and  in  few  instances 
can  it  be  done,  but  by  making  over  his  vessel  and  cargo 
to  the  securities,  and  thereby  subjecting  himself  to  the 
heavy  additional  charge  of  commission,  insurance,  &c. — 
It  may  be  added,  that  the  most  barefaced  bribery  is  some- 
times practised  to  prevail  on  unwary  boys,  or  those  who 
know  little  of  the  obligation  of  an  oath,  to  induce  them  to 
give  testimony  in  favour  of  the  captors. 

"  Beside  the  cases  here  enumerated,  the  committee  have 
information  of  a  number  of  vessels  belonging  to  this  port, 
being  captured  and  carried  into  different  ports ;  but  as  the 
legal  proofs  are  not  come  forward,  they  forbear  to  mention, 
them. 

"  It  is  proper,  however,  for  them  to  add,  that,  besides 
the  loss  of  property  occasioned  by  those  unjust  capture.-; 
and  detentions,  the  masters  and  crews  n\'  ihe  vessels  ar»: 


450  AMEUlCAiSf 

frequently  subjected  to  insults  and  outrages,  that  must  be 
shocking  to  Americans.  Of  this  the  case  of  captain  Wal- 
lace is  an  instance. — There  are  others  within  the  know- 
ledge of  the  committee,  of  which  they  only  wait  the  legal 
proof  to  lay  them  before  the  Secretary. 

"  To  this  last  list  of  grievances  the  committee  are  sorry 
to  find  it  their  duty  to  add,  that  by  reason  of  the  "vexation, 
loss,  and  outrages,  suffered  by  the  merchants  of  the*United 
States,  its  commerce  already  begins  to  languish,  and  its 
products  are  likely  to  be  left  upon  the  hands  of  those  who 
raise  them.  Prudent  men  doubt  the  propriety  of  hazard- 
ing their  property,  when  they  find  that  the  strictest  con- 
formity with  the  laws  of  nations,  or  of  their  own  country, 
will  not  protect  them  from  the  rapacity  of  men  who  are 
neither  restrained  by  the  principles  of  honour,  nor  by  laws 
sufficiently  coercive  to  give  security  to  those,  who  are  not 
subjects  of  the  same  government. 

"  The  committee  conclude  this  representation  with  an 
assurance,  that  they  have,  in  no  degree,  exaggerated  in 
the  statement  they  have  made,  and  that  they  will  continue 
to  communicate  all  such  information,  as  they  may  further 
receive  ;  of  which  nature,  before  the  closing  of  this  report, 
they  are  sorry  to  add,  is  that  of  the  irruptions  of  the  Alge- 
rines  from  the  Mediterranean,  in  consequence  of  a  truce 
concluded  with  that  regency,  it  is  said,  by  the  British  mi- 
nister, on  behalf  of  Portugal  and  Holland.  This  alarming 
event,  to  which  some  American  ships,  we  hear,  have 
already  become  victims,  is  of  so  distressing  a  nature,  as 
must  soon  deprive  us  of  some  of  the  most  lucrative  branches 
of  our  commerce,  if  not  speedily  checked  or  prevented. 
The  immediate  rise  it  has  produced  in  insurance,  and  the 
fears  it  may  instil  into  our  seamen  and  commanders,  are 
of  a  nature  highly  deserving  the  serious  consideration  of 
government,  on  whose  protection  and  zeal  for  the  interests. 
commercial  and  agricultural,  of  the  country,  the  commit- 
tee implicitly  rely." 

In  a  supplementary  letter  the  committee  of  Philadelphia 
make  this  conclusion,  "  that  the  cases  which  they  recite, 
and  others  less  formally  announced,  serve  to  .show,  that 
there  are  frequent  instances  of  suppression  of  papersr 
registers,  &c.  very  prejudicial  to  our  shipping  on  their 
trials,  and  of  injuries  bv  the  destruction  of  letters,  to  the 


STATE    PAPERS.  49<T 

general  correspondence  of  the  country  with  foreign  na» 
tions." 

When  we  examine  the  documents  which  have  been 
transmitted  from  different  parts  of  the  Union,  we  find  the 
British,  the  French,  the  Spaniards,  and  the  Dutch,  charged 
with  attacks  upon  our  commerce. 

It  is  urged  against  the  British, 

1.  That  their  privateers  plunder  the  American  vessels, 
throw  them  out  of  their  course  by  forcing  them,  upon 
groundless  suspicion,  into  ports,  other  than  those,  to  which 
they  were  destined;  detain  them,  even  after  the  hope  of  a 
regular  confiscation  is  abandoned;  by  their  negligence, 
while  they  hold  the  possession,  expose  the  cargoes  to 
damage,  and  the  vessels  to  destruction ;  and  maletreat 
their  crews. 

2.  That  British  ships  of  war  have  forcibly  seized  mari- 
ners, belonging  to  American  vessels,  and  in  one  instance 
under  the  protection  of  a  Portuguese  fort. 

3.  That  by  British  regulations  and  practice  our  corn 
and  provisions  are  driven  from  the  ports  of  France,  and 
restricted  to  the  ports  of  the  British,  or  those  of  their 
friends. 

4.  That  our  vessels  are  not  permitted  to  go  from  the 
British  ports  in  the  islands  without  giving  security  (which 
is  not  attainable  but  with  difficulty  and  expense)  for  the 
discharge  of  the  cargo  in  some  other  British  or  a  neutral, 
port. 

5.  That  without  the  imputation  of  a  contraband  trade, 
as  defined  by  the  law  of  nations,  our  vessels  are  captured 
for  carrying  on  a  commercial  intercourse  with  the  French 
West  Indies,  although  it  is  tolerated  by  the  laws  of  the 
French  Republick;  and  that  for  this  extraordinary  con* 
duct  no  other  excuse  is  alleged,  than  that  by  some  edict 
of  a  king  of  France  this  intercourse  was  prohibited ;  and 

6.  That  the  conduct  of  the  admiralty  in  the  British 
islands  is  impeachable  for  an  excess  of  rigour,  and  a  de- 
parture from  strict  judicial  purity ;  and  the  expenses  o( 
an  appeal  to  England  loo  heavy  to  be  encountered,  under 
all  the  circumstances  of  discouragement. 

Against  the  French  it  is  urged, 

1.  That  their  privateers  harass  our  trade  no  Ife*  thflfi 
♦hose  of  the  British. 

vol..  i-.  f!  '■ 


498  AMERICAN 

2.  That  two  of  their  ships  of  war  have  Committed  enor- 
mities on  our  vessels. 

3.  That  their  courts  of  admiralty  are  guilty  of  equal 
oppression. 

4.  That  besides  these  points  of  accusationrwhich  are 
Common  to  the  French  and  British,  the  former  have  in-» 
fringed  the  treaty  between  the  United  States  and  them,  by 
subjecting  to  seizure  and  condemnation  our  vessels ;  trad- 
ing with  their  enemies  in  merchandise,  which  that  treaty 
declares  not  to  he  contraband,  and  under  circumstances 
not  forbidden  by  the  law  of  nations. 

5.  That  a  very  detrimental  embargo  has  been  laid 
upon  large  numbers  of  American  vessels  in  the  French 
ports  ;*  and, 

6.  That  a  contract  with  the  French  government  for  coin 
has  been  discharged  in  depreciated  assignats. 

Against  the  Spaniards,  the  outrages  of  privateers  are 
urged ; 

And  against  the  Dutch,  one  condemnation  in  the  admi- 
ralty is  insisted  to  be  unwarrantable. 

Under  this  complication  of  mischief,  which  persecutes 
our  commerce,  I  beg  leave,  sir,  to  submit  to  your  conside- 
ration, whether  representations,  as  far  as  facts  may  justify, 
ought  not  to  be  immediately  pressed  upon  the  foreign 
governments,  in  those  of  the  preceding  cases  for  which 
they  are  responsible. 

Among  these,  I  class,  1.  The  violences  perpetrated  by 
publick  ships  of  war.  2.  Prohibitions,  or  regulations 
inconsistent  with  the  laws  of  nations.  3.  The  improper 
conduct  of  courts.  4.  Infractions  of  treaty.  5.  The  im- 
position of  embargoes ;  and,  6.  The  breach  of  publick 
contracts.  How  far  a  government  is  liable  to  redress  the 
rapine  of  privateers,  depends  upon  the  peculiarities  of  the 
case.  It  is  incumbent  upon  it,  however,  to  keep  its  courts 
freely  open,  and  to  secure  an  impartial  hearing  to  the 
injured  applicant.  If  the  rules  prescribed  to  privateers 
be  too  loose,  and  opportunities  of  plunder  or  ill  treat- 
ment be  provoked  from  that  cause,  or  from  the  prospect 
of  impunity,  it  is  impossible  to  be  too  strenuous  in  remon- 
strating against  this  formidable  evil. 

*  There  is  reason  to  believe  that  the  embargo  was  removed  in  Dec.  last, 
and  the  detention  compensated  by  an  order  of  the  committee  of  publick 
Safety,  in  France; 


STATE  PAPERS.  499 

Thus,  sir,  have  I  reduced  to  general  heads  the  particu- 
lar complaints,  without  making  any  inquiry  into  the  facts 
beyond  the  allegations  of  the  parties  interested. 

I  will  only  add,  that  your  message  seems  to  promise  to 
Congress,  some  statement  upon  these  subjects. 

I  have  the  honour,  sir,  to  be,  &c. 

EDM.  RANDOLPH. 

The  President  of  the  United  States. 

True  copy. 

Geo.  Taylor,  jun.  C.  C.  D.  S. 


MESSAGE 

FROM    THE    PRESIDENT    OF    THE    UNITED    STATES    RELATIVE 
TO    SPANISH    COMMISSIONERS.       MARCH   12,   1794. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

FROM    THE    PRESIDENT    OF    THE    UNITED    STATES  RELATIVE 
TO  DEMAND  OF  FRANCE  FOR  MONEY.       MARCH  18,   1794. 

[See  Vol.  Confidential  Documents.] 


MESSAGE 

OF  THE  PRESIDENT  OF  THE  UNITED  STATES  TO  CONGRESS. 
APRIL  4,  1794. 

1  lay  before  you  three  letters  from  our  minister  in 
London ;  advices  concerning  the  Algerine  mission,  from 
our  minister  at  Lisbon,  and  others;  and  a  letter  from  the 
minister  plenipotentiary  of  the  French  Rcpublick,  to  the 
Secretary  of  Stato.  with  his  answer. 

GEO.  WASHINGTON. 


300  AMERICAN 

London,  December,  2G,  1793. 
Dear  sir, — This  serves  to  cover  an  *ad&!itional  instruc. 
tion,  which,  though  dated  the  6th  of  November,  was  made 
publick,  at  the  admiralty,  but  a  few  days  ago. — I  only 
received  it  from  our  proctor  last  evening. 
I  am,  dear  sir,  &c. 

THOMAS  PINCKNEY. 
Secretary  of  State. 

I  mention  the  circumstance  of  the  dales,  because  it 
appears  to  me  of  some  importance. 

London,  January  2,  1794. 

Dear  sir,— -At  the  moment  when  I  was  preparing  to  go 
to  the  conference  with  lord  Grenville,  this  morning,  I  re- 
ceived a  note  from  him,  excusing  himself  from  the  meeting. 
I  then  endeavoured  to  see  Mr.  Burges,  but  without  suc- 
cess;  and  as  this  is  the  last  hour  for  writing  by  the  packet, 
I  must  send  the  enclosed  additional  instruction,  without 
any  explanation  obtained  from  the  ministry.  The  Danish 
minister  is  sick,  and  at  Bath ;  but  the  Swedish  minister 
appears  alarmed  at  this  measure,  as  I  am  informed  the 
mercantile  interest,  connected  with  America,  appear  to  be, 
from  a  committee  of  them  having  waited  on  Mr.  Pitt. 
Upon  this  instruction,  as  it  stands,  it  is  unnecessary  for  me 
to  make  any  comment.  If  a  repeal  or  modification  of  it 
should  take  place,  or  if  I  can  obtain  the  principles  upon 
which  this  government  has  issued  it,  1  will  immediately 
communicate. 

Toulon  is  again  possessed  by  the  French  Republick. 
We  have  not  yet  the  particulars. 
I  remain,  dear  sir,  &c. 

THOMAS  PINCKNEY. 

The  Secretary  of  State. 


[Tim  other  communications,   accompanying  the  last  message  of  the 
liil  he  printed  first  in  the  next  volume.] 


[The  othr 
resident,  wi 


"  This  follows  the  letter  from  Mr.  Piackney  of  Jan.  ?,  179 i. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 

Los  Angeles 
This  book  is  DUE  on  the  last  date  stamped  below. 


30m-7,'6S  (J  i  895  s-t )  — C- 1  20 


J33       State   papers, 

ms 

1817 
v.l 


n 


^iOJ^Aj, 


~3S3sK* 


UC  SOUTHERN  REGIONAL  LIBRARY  FACILITY 


AA      000123  369    1 


J33 
W13 
1817 
v.l 


